Name on Mortgage

[SomersetMan]

Hi all,

My ex is sorting a financial statement through her solicitor but has started she cannot take the mortgage alone because the bank won't allow it due to her credit.

The letter from the solicitor states she will endeavour to have me removed from it each year or when the kids are 18.

The problem is I want to move on and get my own mortgage but I can't due to being tied to that mortgage. Plus the kids won't turn 18 for another 7 years.

She doesn't want to sell the house or move out?

What rights do I have?

You need legal advice on this.

Yes, your EW could get a Mesher Order and remain in the house until the kids turn 18. Yes - you could be forced to stay in the mortgage during this time.

However - you also need to be able to provide ‘appropriate accommodation’ (legally this is key) for the kids. You also need to be able to house yourself.

Get some legal advice.

It’s absolute bollocks ‘she should endeavour to remove you’ from the mortgage. It’s never going to happen.

Yes, she wants to stay in the house but what’s going to happen in 7 years time when she still can’t get a mortgage and is forced to sell. Better that you / she faces into this now rather than postpone the inevitable.

You should be pushing for a clean break.

Yes you really do need to push for the clean break. Judges don't like Mesher orders but they are awarded if there is no other realistic option