A mortgage query

[chezziejo]

Hi

This could be quite a long convoluted tale so I will try to keep it brief. It has taken me three and a half years to get a divorce without consent which was granted in July and I got my decree absolute. We had a house together which he suddenly decided he would like to sell which is fine by me. House now up for sale and for the last six months he keeps defaulting on the mortgage. I havnt lives there for almost 4 years and he wanted to live there . It's not the first time he's defaulted on it and I've had to pay it. He has now according to the bank broken 4 repayment plan agreements and now they cannot let me set one up. It has gone to their litigation team to commence repossession. I have to wait for the letter and they may allow me set up a repayment plan.
I have spoken to my solicitor and he has Said to ring the bank and see if they will consider me taking on the mortgage alone and take his name off it. Is this possible without his agreement? He does not answer his mail or phone all from solicitor or the courts.

Any advice gratefully received

Thank you.

Now you are divorced you need to get a consent order drawn up to deal with the financials. Until that is done then there is no way you can get his name off the mortgage without his consent.

Ok thanks. It's a daft question probably but what's a consent order and should my solicitor be doing this rather than me ringing the bank and asking and messing about?

Thanks for reply

A consent order sorts out the finances of you & your ec & who gets what. If it can't be agreed between you, then you take it to court & a judge decides. And yes, your solicitor does need to set this in motion for you.