A mortgage one

[Purpledaisies4]

Name changed for this one.

I've tried Googling but I can't find a straight answer, I'll try and keep it brief but might be a long one as not to drip feed.

My husband divorced ex wife around 6 years ago (horrible nasty abusive woman, he's been diagnosed with ptsd because of what she put him through and is still taking a high dose of antidepressants now but that's a whole other thread!) She made claims of unreasonable behaviour from him but it was actually from her.

Unfortunately due to her abuse he wasn't really of sound mind when they were divorcing, they (ex wife & her equally horrible parents) had effectively 'paid' him off with £25,000 & she got to keep the house. He is still named on the mortgage as she can't get a mortgage on her own or with anyone else it would seem. In the divorce paperwork they signed it is stated that he is not responsible for the mortgage (as agreeded by her) but we have a letter from the mortgage provider in the last couple of years to say he is infact still responsible. The divorce paperwork states that she must try to get him removed but we know she hasn't tried as she knows full well she can't get a mortgage on her own. He is no longer on the deeds to the house but as he's still on the mortgage and liable for it, in theory if she was to sell the house would he be legally intitled to any money from the sale?
Ideally we need to speak to a solicitor but we don't have the money for that at the moment.
I'll just add I've never owned a house so not 100% how these things work!

With joint mortgages, most joint loans for that matter, both parties are Jointly & Severally liable. Put simply, if she stops paying it is his responsibility. It is irrelevant whether he is on the deeds or not, or if he is in the property or not. I would also be surprised if the mortgage company would allow him to be taken off of the deeds. If he has been, then they could call in the whole of the mortgage. You can view the deeds from Land Registry for a nominal sum (£3 I think)

This will also affect his credit rating and ability to get another mortgage.

Firstly I would check what is actually the case on Land Registry, and then get legal help as a matter of urgency.

But then again they can't prove anything either I would assume! Get actual legal advice where the solicitor will ask pertinent questions one by one to see where you actually stand.

Have you got official confirmation that he is not on the deeds? HIGHLY unusual for a party to be removed from the deed but not the mortgage, the mortgage company I worked for for 15 years would definitely have had lots to say about that if so.

Check the land registry, you can download the info for a few ££.

Then legal advice, pronto.

Well I've just checked the land registry and he is not on there as a registered owner