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Removing me from the mortgage without my consent

  • Julesjhl
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21 Jan 08 #11373 by Julesjhl
Topic started by Julesjhl
I am going to through a very acrimonous divorce. We have had Decree Absolute but are now going through the financials.

Tonight I dropped the kids off and she told me she has applied to the land registry to take me off the mortgage.

I am gobsmacked. Is this possible. I am going for the first response meeting in two weeks. I dont have a lawyer, cant afford it unfortunately but my ex is really lawyered up.

Is this possible - it is the first I have heard of it?

Does anyone have any help or suggestions about how I can find out and what can I do.

  • Fiona
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21 Jan 08 #11377 by Fiona
Reply from Fiona
I think there is a misunderstanding here. It would be nice if she did take you off the mortgage and you should celebrate if she has. Could she have contacted the Land Registry to register her rights on the FMH? For you to be taken off the mortgage she would need to contact the lender.

  • bellister
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21 Jan 08 #11380 by bellister
Reply from bellister
i would not have thought this means anything, if your name is on as part owner , can not sell without your agreement. To change land registry deed would need your signature, been of mortgage is no big deal. surprised lender allowed it though

  • unic
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21 Jan 08 #11395 by unic
Reply from unic
what she may have done is terminated your joint tenancy. This means that if she dies her half of the house does not go to you and vice versa.
However, to terminate it she will need to serve a paper on you.
Think about it for a day or two and ask her what exactly she has done

  • yferch
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21 Jan 08 #11396 by yferch
Reply from yferch
I'm no expert but just been through something similar, I wanted to take over the mortgage from my ex, the fmh was in his name only. If the fmh is in either joint or your name only she cant remove your name with the land registry without your express consent by means of you signign the correct transfer forms.

The lender also has rights on the property and would not normally allow the mortgage to be in her name only without you relinquishing your rights on the home by means of signing the specific forms required.

Hope that helps.

  • Josh2008
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22 Jan 08 #11411 by Josh2008
Reply from Josh2008
I note from your post that you are actually divorced and not going through that bit, appears it's a done deal

If you have had the absolute and the financials have not been sorted yet, you need to apply to the court to KEEP your name on the land registry, as others have said don't worry if it's the mortgage

Fact is once divorced, spouse can have your name removed from LR but if financials haven't been sorted a court will almost always extend the LR registration

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22 Jan 08 #11412 by Josh2008
Reply from Josh2008
I note from your post that you are actually divorced and not going through that bit, appears it's a done deal

If you have had the absolute and the financials have not been sorted yet, you need to apply to the court to KEEP your name on the land registry, as others have said don't worry if it's the mortgage

Fact is once divorced, spouse can have your name removed from LR but if financials haven't been sorted a court will almost always extend the LR registration

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