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Ex-husband won't sign papers to allow me to move

3 replies

glencoco · 26/06/2022 09:53

My husband and I divorced back in 2008 after just over 12 months separation during which he paid nothing towards the marital home. There was no equity when he left.

In the divorce I got the house, but as I have always been on a really low wage I could never afford the mortgage on my own, so he has remained named on the mortgage (still not paying a penny towards it).

Now the kids have left home I am trying to downsize, and I can get a mortgage on my own on a small flat. All he has to do is sign papers to say I can sell. Unfortunately he is refusing to do so as according to him I have been committing mortgage fraud. My solicitor has assured me that that is not the case and I have offered to pay for him to get legal advice to put his mind at rest, but he has refused that offer and won't talk to my solicitor.

If anyone has any advice I would be really grateful, because my buyers are getting frustrated at the wait and I don't think my sellers will wait forever!

In case it's relevant, I thought he knew he was still named on the mortgage because firstly he has never had anything to say otherwise, and secondly because he has changed his address with the mortgage company for statements etc to be sent to him.

OP posts:
prh47bridge · 26/06/2022 12:36

If he continues to refuse, you will have to go back to court and ask the judge to sign the papers for him.

Collaborate · 26/06/2022 21:14

The papers you need him to sign is a TR1 to transfer the property in to your sole name. Then you can transfer it to your buyer. Your conveyancer will need to work in tandem with your divorce solicitor.

glencoco · 27/06/2022 06:24

Thanks. I was hoping to avoid more court but needs must I suppose!

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