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Old 02-02-12, 10:08 PM   #11
Bluefish
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Default Re: Removing from joint mortgage

They don't care who pays them dizz as long as some one does
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Old 02-02-12, 10:23 PM   #12
chrisinflight
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Default Re: Removing from joint mortgage

As far as I know legally either member of the joint mortgage can force a sale. It can be stopped though due to reasons such as children relying on the house as a family home, reliance on the house as a source of income/livelihood such as running a business from home or a disabled person`s reliance on the house.
You still have 35% share in the equity though which you would have to receive if your ex- wanted to remove your name or ever sells up.
chris
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Old 03-02-12, 10:02 AM   #13
Captain Nemo
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Default Re: Removing from joint mortgage

I think your only options are to pursuade her to sell, or if that fails to take legal action to force the sale.

From my exerpience the mortgage company arent interested in what your share of the property or what the courts have said, partly as they arent part of any court judgment that was made in your divorce but mainly as they just require the loan to be guaranteed, if youe Ex doesnt qualify for the full loan to value on the outstanding balance they likely as wont budge.

I dont think youll be able to do it simply as if your ex is disabled then the court will likely look sympathetically at that, i know its not fair .

my brother got divorced 14 yr ago, his wife remarried and stayed in the marital home, my brother and his ex have 2 children both now 16, he continued paying the mortgage for 14 yr couldnt get his name removed, last year she sold the house, he found that the paperwork hadnt been done properly at the divorce as his also said "she shall make all efforts to have him removed from mortgage" etc, turned out he paid for a house for 14 yr for her to live in with new hubby and new kids and he wasnt entitled to a penny,

Last edited by Captain Nemo; 03-02-12 at 10:04 AM.
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Old 03-02-12, 10:20 AM   #14
Bluefish
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Default Re: Removing from joint mortgage

Nemo, agree with you no point trying to go down the sell the house route, just trying to get my name off it, especially as i'm not paying it, it's really nothing to do with me any more, till she sells then i get some money back.
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Old 03-02-12, 11:22 PM   #15
SV-net
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Default Re: Removing from joint mortgage

Cant you offer to sell your equity share to a member of her family or maybe her new partner? At maybe a good deal for them you say 100k equity of which you have 35k. Offer it at 30k they get a good deal, you solve a problem. And if you want to solve it urgently take less dosh. Only a thought.
This reminds me I left a house in 1997 and she still lives there and we had a joint mortgage. I am still present on those papers. Hmmm I wonder if I have a claim on that house haha. I dont want or need it, just really ought to look nto this to protect myself in case she dont pay the bank. Doh!
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