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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33003
Experience:  25 years exeperience
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I own a property with my ex hubby split seven years ago I

Customer Question

Hi I own a property with my ex hubby split seven years ago I pay the mortgage now on my own I can't take his name off the mortgage as the mortgage company won't allow it so only option is removing is name off the deeds is accepted that he will do it only cos he wants to declare himself bankrupt as debt keeps coming my way from him cos we own a property's already have one charging order on it cps of him don't want any more debt to follow is this possible and cheap to do and would this stop debt coming my way as he doesn't live with me and hasn't done for seven years
Submitted: 4 months ago.
Category: UK Property Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding on the mortgage?

When was the Decree Absolute

Customer: replied 4 months ago.
The house is worth abou 94K and I owe abou 93k on it me and partner getting a divorce next year not got round to it yet due to finances etc , he doesn't want a penny from the house at all he's happy for his name to be taken off
Expert:  Clare replied 4 months ago.

How much is outstanding on the Charging Order?

Customer: replied 4 months ago.
2300 got put on last week when I went to court to try and fight it
Expert:  Clare replied 4 months ago.

Did you point out that there is no equity in the property?

Customer: replied 4 months ago.
Who to ?
Expert:  Clare replied 4 months ago.

To the court?

Customer: replied 4 months ago.
Yeah they knew that but still put the charging order on the property as security for the loan company
Expert:  Clare replied 4 months ago.

What was the loan used for

Customer: replied 4 months ago.
I have over 12 k in debts my husband ex doesn't pay anything to any of them so I pay them in a payment plan this particular one is a joint one and they sent me an income and expenditure and because I didn't fill it in in time because I was in Hosptial giving birth to my baby boy I came home after ten days to a ccj which they agreed for me to pay 3 pound a month. As I'm on MAT leave. But still want to chase my ex for his half but pointless as No one ever knows where he is he as no interest in anything at all hence why I want his name f be mortgage but the mortgage company have said they won't allow me to take his name off the mortgage even though I've never been in arrears always paid and last seven years have pod Ailey on my own from my own single account. So was googling abou taking his name off the deeds instead which would aparently mean no one can come to my house and chase him for debts or no further charging orders for his debts as he will not have any equity in the property even in a few years when there will be money in the property he won't be entitled to it. That's my question if I take his name off the deeds pay for it would that make it so that no further debt agency could come for him at my house and if he declared himself bankrupt he could do that without it then affecting me. I can't afford to buy him out he doesn't want me to he's happy for me to have the house
Expert:  Clare replied 4 months ago.

So that loan that is secured is a joint one?

Customer: replied 4 months ago.
It wasn't a secured loan at first but now a charging order
Customer: replied 4 months ago.
it was a joint bank account we had sorry I had always paid a payment To them whether it was through a debt management plan unfortunately due to finances I had reduce my payment to them by this time it was passed to a company called Marlin finance I set up a standing order and for months it went out of my account but according to them they had never received this payment so it went to Restons a solicitor who wanted my income and exp to set up a payment plan at the time of the call I didn't have this with me as I was ag Hosptial I promised to ring them on the Monday but on the Monday I have birth to my baby boy and was in Hosptial for ten days when I got home I had a ccj I rang and explained sent the birth cert off to the sollictors but it wasn't good enough court accepted my 3 pound payment a month and was happy and have been until three months later I received an interim chargin order for me to attend court in May this year for a final charging order all because Kevin my ex wasn't pay his half of it even though I said I would accept the debt myself the full amount said it doesn't work like that. So the court agreed for the charging order to be final and when I come to sell I pay my mortgage off plus what I owe to them also. But I want to stop any further charging orders as my ex husband as abou four ccjs and been told they could affect my property again so to stop this want his name off the deeds
Expert:  Clare replied 4 months ago.

Is he actually going to declare himself bankrupt?

Customer: replied 4 months ago.
He wants to yeah As he's accumulated loads of debt since we split as well
Expert:  Clare replied 4 months ago.

Is there any other debt in joint names?

Customer: replied 4 months ago.
We have an RBS loan which I pay and just put mortgage
Customer: replied 4 months ago.
Expert:  Clare replied 4 months ago.

So just to check - the mortgage, the loan that has just been secured on the property which you are paying anyway and an RBS loan - that you are paying - that is it in joint names?

Customer: replied 4 months ago.
That's correct yeah
Expert:  Clare replied 4 months ago.

It is not easy to have a name removed from the Deeds but remain on the mortgage - the easiest way of achieving it is for your husband to go Bankrupt.

This will leave you solely responsible for those three debts - but you were paying them anyway so it makes no difference in many ways.

Once the Trustee in Bankruptcy has been appointed he will eventually contact you and off you the opportunity to "buy out" your husband for a minimal amount since there is no actual equity in the property

This will mean that you alone own the property - although your ex will still be on the mortgage

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
I am unable to buy him out . So if he declares himself bankrupt it won't affect the property that I'm in
Expert:  Clare replied 4 months ago.

Not at all - there is no equity so the Trustee will not wish to force a sale - they will offer it to you instead

Customer: replied 4 months ago.
Ok thank you so much I will do that then. Shall I still take his name off the deeds though? Or just leave it
Expert:  Clare replied 3 months ago.
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