Ex wont take Divorcee off of Mortgage

[TimeToStandUp]

Need a lot of help on this one please for a very good friend...

 

Basically she had a mortgage with her Ex, but they split up and finally divorced in 2012.

 

She just wanted to get away and basically waved all rights to the house, in the divorce papers it actually states that any property is to be treated as if death has occured unless there is a Will.

 

She been asking her Ex for many years to be taken off of the mortgage, but it was one excuse after another, so today we decided to phone the mortgage company up and had on loudspeaker so I can listen.

 

Basically the mortgage company have said unless the Ex phones up and says he wants her taken off the mortgage then there is nothing they can do.

 

So she is literally stuck on it, an in reality at risk her self..

 

They say he has to satisfy criteria that he can take over the mortgage on his own....

 

But in reality she doesnt care what happens to the house, as no matter what she wont get anything..

 

What is the best way to move forward because in reality he knows he wont satisfy the criteria on his own despite paying it for the last few years, so he can just sit with her name on the mortgage for as long as he wants untill it suits him

 

Please if anyone can advise the best way to proceed...

[mikeymack2002]

Basically during the divorced there should have been a property adjustment order and or a financial order to separate the two has or had this been done?

[TimeToStandUp]

This had been done... Basically it was a torrid relationship and she just wanted to get out for her and her daughters sake.. Life was made miserable for her..

 

The only line in the Divorce papers is the one where it actually states that any property is to be treated as if death has occured unless there is a will...

 

So my interpretation to that is that everything is his.. she has no issue with the equity or anything, she gratful to be out and starting her life afresh...

[unclebulgaria67]

Think they need to ask a Solicitor. A court can instruct the mortgage company to remove her from the account. This situation is not that uncommon. Don't know what application they need to make.

[TimeToStandUp]

Thanks UncleBulgaria... Its a bit frustrating I can see why he not doing it as he wont meet the criteria, but if he has the house and she has nothing but cant move on with her life as she still got that round her neck then its wrong.