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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

House signed to me in court

108 replies

Cos12345 · 12/11/2021 20:13

So long story ex husband and I divorced over seven years ago, house is still in joint names as mortgage company won't take him off. Although I pay all the mortgage and have done for last ten years when we split. In court I was awarded house due to his lying and cheating , he has just told me dd that when I come to sell the house current mortgage will end in five years he is going to make it hell for me.
I have remarried and we intend to stay in house. I'm so worried now anyone experienced this ?

OP posts:

Thevoiceofreason2021 · 12/11/2021 20:16

Go to a lawyer

ThatsAllFolks · 12/11/2021 20:17

Y won't they take him off? Did u have a solicitor? Can u share the court papers with them?

BigYellowHat · 12/11/2021 20:17

How does he plan to make it hell if the house has been signed over to you? Also in five years, things may have changed in his personal life and he may have lost interest in harassing you.

TotallySuper · 12/11/2021 20:17

@Cos12345

So long story ex husband and I divorced over seven years ago, house is still in joint names as mortgage company won't take him off. Although I pay all the mortgage and have done for last ten years when we split. In court I was awarded house due to his lying and cheating , he has just told me dd that when I come to sell the house current mortgage will end in five years he is going to make it hell for me. I have remarried and we intend to stay in house. I'm so worried now anyone experienced this ?

Sorry that bit about selling house when mortgage ends in 5 years makes no sense. Can you be clearer?

Bagelsandbrie · 12/11/2021 20:17

Can you remortgage now and try to get him taken off? You need legal advice for sure.

Soontobe60 · 12/11/2021 20:19

@Cos12345

So long story ex husband and I divorced over seven years ago, house is still in joint names as mortgage company won't take him off. Although I pay all the mortgage and have done for last ten years when we split. In court I was awarded house due to his lying and cheating , he has just told me dd that when I come to sell the house current mortgage will end in five years he is going to make it hell for me. I have remarried and we intend to stay in house. I'm so worried now anyone experienced this ?

You don’t get awarded a house doe to lying and cheating. What was the actual wording on the house ownership?

BingoandBluey · 12/11/2021 20:20

He wants a reaction, don't react to dd or him. Speak to a solicitor and make sure you have all the paperwork you will need when you come to sell and find out what else will need to happen so you can be prepared. You'll be free of him he's trying to get in your head.

Original poster

Cos12345 · 12/11/2021 20:20

In five years the current mortgage term ends, so I will have to remortgage or sell

OP posts:

Nomoreusernames1244 · 12/11/2021 20:20

In court I was awarded house due to his lying and cheating

This doesn’t happen. In england at least it is due to financial need, not fault.

Get legal advice. If the house is yours there should have been provision to take him off the mortgage. Is he on the deeds? Do you have any paperwork?

titchy · 12/11/2021 20:20

Given that you've remarried won't your lender let you remortgage with your new dh? Or doesn't he earn enough?

Problem is the lender is under no obligation to release your ex unless you can meet their lending criteria in your own right.

MrsTerryPratchett · 12/11/2021 20:21

@Nomoreusernames1244

In court I was awarded house due to his lying and cheating

This doesn’t happen. In england at least it is due to financial need, not fault.

Get legal advice. If the house is yours there should have been provision to take him off the mortgage. Is he on the deeds? Do you have any paperwork?

All of this.

Just get legal advice.

Waahingwashingwashing · 12/11/2021 20:22

In court I was awarded house due to his lying and cheating

The court doesn’t do this.

Original poster

Cos12345 · 12/11/2021 20:22

The house was awarded to me due to ex lying in court and longevity of marriage, it's all been legally completed from the settlement in court

OP posts:

torquewench · 12/11/2021 20:23

@Nomoreusernames1244

In court I was awarded house due to his lying and cheating

This doesn’t happen. In england at least it is due to financial need, not fault.

Get legal advice. If the house is yours there should have been provision to take him off the mortgage. Is he on the deeds? Do you have any paperwork?

Yeh I spotted this glaring error too.

torquewench · 12/11/2021 20:23

Sorry posted too soon. You need a lawyer rather than random internet advice.

Biscuitandacuppa · 12/11/2021 20:25

When your current mortgage deal ends you won’t need to remortgage or sell, your mortgage will simply become a tracker mortgage that isn’t on a fixed deal. At some point you will need to get him removed from the deeds but that will need to be when you are either financially able to get a provider to remortgage to you alone or the mortgage is paid off and he signs any interest in the property away.

HeddaGarbled · 12/11/2021 20:27

In court I was awarded house due to his lying and cheating

That won’t have happened. Division of assets will be based on need and not on prior behaviour.

This makes me wonder whether you fully understand the situation. Agree you should get your solicitor to explain it (or CItizens’ Advice Bureau if you’re not still in contact with the solicitor).

Original poster

Cos12345 · 12/11/2021 20:28

Thanks, I am going to check in with my solicitor who dealt with the divorce, but was just asking if anyone had been in similar circumstances.

OP posts:

LittleBearPad · 12/11/2021 20:29

Is it the mortgage as a whole that ends or the deal. If the former remortgage without him on the mortgage.

Equally if you were granted the house why is he still on the mortgage

Brakebackcyclebot · 12/11/2021 20:30

Sometimes courts do make orders based on behaviour of one party. It is rare, but lying to the court might be one example.

If you have the court order, go and get legal advice and get him taken off in accordance with the order.

TotallySuper · 12/11/2021 20:31

Is your mortgage repayment or interest only?

WickedWitchOfTheTrent · 12/11/2021 20:31

If it's tied up legally by the courts then he has no right to it. Once the mortgage ends you'll either have to get yourself another mortgage or pay it off without him. He could refuse to be on the mortgage again, that's the only way he could be a pain. But I'd move heaven and earth to not have him involved again

Original poster

Cos12345 · 12/11/2021 20:33

Thanks for all your comments.
Yes it is rare and case was cited in reference to a case previously, my ex lied about finances, hid accounts, was unreasonable in court.
Anyway thank you

OP posts:

MrsTerryPratchett · 12/11/2021 20:34

@Cos12345

Thanks for all your comments. Yes it is rare and case was cited in reference to a case previously, my ex lied about finances, hid accounts, was unreasonable in court. Anyway thank you

This can happen. Basically he lied so his testimony can't be relied upon so they rule that way. That's not the same as being given a house because he's a liar and cheat.

DeepaBeesKit · 12/11/2021 20:34

I think what you mean is the equity you had in the house was awarded to you

If you've been paying the mortgage and have bank statements to prove it he will struggle to get anywhere in court

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