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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:
WhimsicalGubbins · 07/08/2022 22:02

Ownership of the house and mortgage are two different things. If you were awarded the house in the courts, that would mean the deeds had changed to make you the sole owner, but the mortgage is still in joint names because you can’t simply take someone off. It requires a whole new mortgage application

Its more likely that the courts awarded you residency of the house-they can’t award you ownership without you buying him out. The courts cannot simply write off any equity that he owns and give it to you.

During the divorce proceedings, you and your ex will have been asked to draw up a financial consent order, to separate finances-this is not mandatory to do during the divorce and can be done in the years following, but if you have signed one, you need to check what that states about the house first and foremost. Because if you haven’t already bought your exes share of the equity off him, chances are you’ll have to do that (at market value) before you can continue to live in the house once your children are grown

Wonnle · 07/08/2022 22:08

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?

Makes no sense to me either !

Bit like most of the things people ask on here , it's as though they are not real isn't it .

Twillow · 07/08/2022 22:32

This is really confusing. As other posters have said, lying and cheating are irrelevant to financial settlement. What were you actually awarded, ownership or residence?
Do you now intend to end your second marriage too? If so I believe that as it's a shorter marriage not necessarily 50%,

W00p · 07/08/2022 22:40

Did you apply for a financial order after the divorce? This needs to be done.

iRun2eatCake · 07/08/2022 22:42

Cos12345 · 07/08/2022 20:13

Been married three years second marriage.
Been emotionally abusive throughout, I've made my decision to end marriage.
House is in in my name as he moved in
Will he be entitled to fifty percent

I wouldn't think so as it's a short marriage but I'm not a solicitor.

Gather you didn't take advice in regards this prior to getting married?

Ohtoberoavingagain · 07/08/2022 22:44

I had same, but donkeys years ago. He signed house over to me but I have no memory of changing anything on mortgage or at Land Registry. Sold years later with no problems. As long as you have a Court Order he can’t go against that. Mine was a voluntary thing — he wanted out of the mortgage.
Speak to a lawyer if possible.
Speak to your bank/ mortgage company.
You can check the LR online to see who is registered as owner/s. It should also show there is a mortgage and with whom.

Qik · 07/08/2022 22:50

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.

Exactly.

It’s a financial dispute the courts resolve. they take into account aggravating factors but they need to be fairly powerful. Hiding £1m in an offshore bank account or falsifying documents might be, but forgetting he had £5,000 in a Halifax account wouldn’t be.

The cheating is irrelevant though.

Pinkdelight3 · 07/08/2022 23:43

OP you really need to start a new thread or people will keep replying to the original post instead of your update. Start a new thread and just put a link to this one in case the backstory is helpful.

Everyone else - read the OP's update before replying.

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