Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi all,
My husband has been divorced for almost 5 years now. As part of the settlement, the court required him to sign a remortgage on the ex marital home for 5 years. This was with a view to provide security for his children until their mother found work and could take the mortgage on herself. As part of that arrangement, he signed over the deeds so has no rights to the property and she was required to make her best efforts to remortgage to her sole name every year.
Fast forward to now, this mortgage term is ending in February 2023 and she has not yet successfully remortgaged to her own name. Whilst we have been able to buy our own property in this time, him being on the old mortgage affects our affordability checks so it would be in our interests to have his name removed before we have to remortgage later next year...times are hard and of course we want to get the best deal we possibly can.
My question to the forum is this; Is he legally obliged to resign another mortgage deal with his ex? Or can he refuse and therefore kind of force the removal of his name? (assuming, of course, the SVR she would go onto would be higher than her current repayments, therefore it would be in her interest for him to remain on the mortgage with her to keep her repayments lower)
She has been working since February 2022 (part of me wonders if this is because she anticipates that she needs to show she is earning income before she tries to remortgage next year?) So maybe there is a good chance that she will be accepted anyway and this won't become a contentious issue. fingers crossed.
I hope that makes some sense.
Thanks in advance for any advice
Thats a tricky one and may need legal advice. I guess it depends how old the children are and if ex needs a home for them.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.