divorce and property

[jackyclarke]

20 years ago I was awarded all rights to my property as my divorce settlement. My ex wrote a letter also confirming he had no interest in the house and was happy for me to have it, So he paid no maintenance for me or the two girls, we have never recieved a penny. He got his Nisi and he was gone. But his name is still on the mortgage and its nearly paid off. What do I do ? need his name off deeds. a
Although building society have copies of divorce papers and letter from him. they are not helping at all. Any ideas? i am worried sick. Dont know where he is and have no desire to find him .

What do you mean you were awarded all rights? Did the court make an order?

If that was done by court order your ex should also have transferred his share in the property to you, albeit that the mortgage company may have refused to release him from liability under the mortgage. Are you sure he is still on the title docs? You can do a search on the land registry website for £3 or something to check. If he is still on there, go back to whoever advised you in the divorce and get them to deal with it as it may well be their mistake. He will need to sign the transfer but if he refuses you can make an application to court for a judge to sign on his behalf.

I have seen solicitor and he has seen the paper work he is going to apply for magistrates to make a ruling in my favour and seems optimistic .. I hope so , I am in pieces. What a mess. Thanks for reply it was great to know someone was listening not lecturing. Will post result.

The application will be to the county court that dealt with the divorce. If there is a mortgage you'll have to see if you can transfer it into your name, but hopefully the property is now mortgage free. You should be able to track him down these days. Your solicitor should handle this for you.

That's great Jacky, well done. If you really have no way of finding him then your solicitor will apply to the court to dispense with service and it is another reason why the District Judge (at the county court, not the magus, as resolution says) is likely to agree to sign the transfer documents on your behalf.
You may well need to go to court to talk to the judge though - just so he/she can understand what is going on - don't worry if you do, they are all human and generally not scary!
Don't worry - it will all come good. You've done the right thing!

mags not magus

sign on HIS behalf not yours

long day brain not working sorry!