Mortgages please help!

[incognitomode]

My husband was married before.
He had a house with his ex wife.
He was obviously on the deed and the mortgage.
He got a bit of a bum rush on signing over the deeds and wanting things finished he did so....
I bet some of you know what I am going to say.
Even though it was on the court order that she remove him from the mortgage "make all reasonable efforts", she has not.
Not a problem until we save money, and decide to but a house and we keep getting really low mortgage offer.
Suddenly it becomes clear, he is still on this mortgage.
No one will give us a big enough mortgage to buy the house we want.
Took us ages to figure out what the issue was.
The problem is, she is unemployed and I can't see her getting a remortgage, which seems to be the only way to get my husband off the mortgage.
This is obviously a major spanner in our plans and a proper ballache the could potentially never go away.
Does any one know about it?
Have you managed to sort this out?
Please save me and my children from a life of expensive renting.

Can she not sell? Does she have children?

Yes she has 3 children.
He signed over the deeds of the house in lui of spousal maintenance.
The house has had some alterations for their disabled son.
So I would be surprised if she wanted to sell.
It all seems a bit potty to me, as in signing over the deeds of the house meams he has no rights to the house, no rights to any profit if she chose to sell etc.
He is totally stuck on the mortgage unless his ex wife removes him from it by selling it/remortgage it.
That seem like some serious legal loop whole shit that should have been sorted a long time ago.
Thew reason he was rushed to sign Iver the deed for the land registry was to the house alteration could go ahead.
When in actual fact he shouldn't have signed them until he was off the mortgage, thank you solicitor both then and now for that pearl and ignoring it at the time (he is speaking with the orginal solicitor).

*terrible typos in that message.

Was it ever a possibility that he could have "come off the mortgage" back then?

Coming off the mortgage means his XW remortgaging in her own right. You can't just remove a name.

A woman who has 3 children resident with her, one of whom is disabled enough to require physical alterations to their home. If she's unemployed now, it suggests that employment might not have been as easy option then? The fact that she was awarded greater equity (100%?) in lieu of spousal maintenance suggests that her earning capacity then was not sufficient to take over the mortgage.

If the court order said to take reasonable steps, then it DIDN'T say to buy him out. But to take reasonable steps. What steps do you think she should take? Leave the home that has been special adapted for her (and his?) son?

Anyway, I don't see the problem. Why don't you buy a place without him on the mortgage?

If you can't afford to, then take a moment to appreciate the hypocrisy in expecting her too

Sounds like it was a fair solution for his children, and he just fucked up in not bothering to understand it properly.

Not sure how much you know about having a disabled child.
I know a fair bit not only having a disabled child, but also being a step mother to one .
She was not awarded the house, it was offered by my husband as he did not want her or the children to have to move, also the house has increased hugely in value since they bought it, she considers it her pension. Sye also did not want to be beholden to him financially for potentially the rest of her life.
It is in her best interest to not have my husband on the mortgage.
She is a wealthy woman that comes from a wealthy family. She gets an allowence monthly from her parents, as well as highest rate DLA, carers allowance, childbenefit, child tax credits (highers rate because of disabled child), plus council tax benefit etc. I know this because I receive exactly the same amoung per month, na the famity allowence as I do not have wealthy parents.
He has no rights to the house as he signed over the deeds, legally he should not have until he was not on the mortgage that would be crazy and unfair wouldn't it?
Divorce, sign a clean break clause, sign over your house leave the marriage with nothing but oh wait, you are still liable for the mortgage.
All she has to do is prove to the bank that she can make the monthly payments.
She can.
Happily we have received some impartial advice. The situation will be dealt with.
She is in breach of a court order by not "making every effort" in fact she has made no effort at all.
We have also been advised to complain about her solicitor for filing incomplete paper work.
Thanks for the advice with a healthy dolope of uninformed judgement.
Feel free to explain to me why my children should suffer because she was careless and ultimately did not discharge her responsibility during their divorce?

And how does any of that MASSIVE drip feed fit with you saying that you can't see her being able to get a remortgage?

If she can't get a remortgage then the position your husband was in, seems quite fair to me. She is the one housing his disabled child.

If she can get and afford a remortgage of course she should.

Your children are not "suffering", don't be so ridiculous! You're not being housed in a temporary B&B with them now are you? You're renting

I judged the situation on the information that you gave. Sure, no OP contains every little detail. But the fact that the XW is wealthy is a pretty important one. Massive drip feed

she is unemployed and I can't see her getting a remortgage

is very different to

"All she has to do is prove to the bank that she can make the monthly payments. She can"