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Hi I currently have a mortgage with my ex wife which both names…

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Hi I currently have a...
Hi I currently have a mortgage with my ex wife which both names are XXXXX XXXXX well as a secured loan. we split up 3 years ago and since she hasnt contributed to any payments so i have kept these all up to date. she contacted me out of the blue and now wants her name off everything. i am working and can meet the payments however the house is in negative equity and i have a default which means they wont give me a mortgage, my plans where to wait until the default notice has gone when i can apply for a mortgage with my new partner. i really want to keep the house which she knows however she went to see a solicitor last week as she wants to sell and has said she is applying for a court order and reposession order, as i said i really dont want to sell. have i any options and could you let me know what will happen with what she says she will do. many thanks
Submitted: 8 years ago.Category: UK Law
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Answered in 1 hour by:
6/23/2010
Solicitor: F E Smith, Solicitor replied 8 years ago
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,817
Experience: 30 years in General Practice
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Is the mortgage in joint names or as tenants in common?
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Customer reply replied 8 years ago
It's in joint names.
Solicitor: F E Smith, Solicitor replied 8 years ago

Good morning,

 

It occurs to me that she may be bluffing when she says she wishes to sell as this would be somewhat a bit unusual if the house is in negative equity.

 

The only proceedings she could take would either be in divorce proceedings or under the Trusts of Land Act.

 

The court will normally only order a sale if there is no realistic and viable alternative. Certainly you would not be ordered to leave the house if you have been maintaining all the outgoings and this would have to be taken into account. However as there is no equity to divide the whole purpose of the sale would simply be an effort to redeem the mortgage if the lender will accept less than the amount owing.

 

Best wishes.

F E

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Customer reply replied 8 years ago
There is no equity as we also have a secured loan in joint name against the house. when we sold the house there would be still about £18k which the secured loan would want which neither of us have. we have already divorced but none of this was sorted.
Solicitor: F E Smith, Solicitor replied 8 years ago

Good afternoon,

 

This really should have been resolved at the time of the divorce. This can still be reopened and an order made but that would not benefit anybody other than improving your respective credit ratings by getting rid of the mortgage if the property was sold.

 

Best wishes.

F E

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