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Ex wants to be released from Mortgage

  • deborah2905
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04 Jul 12 #340975 by deborah2905
Topic started by deborah2905
Could I please seek some advice on this matter.

My Divorce was finalised Sept 2011- I was awarded family home via TR1 and open ended maintenance, which covers the substantial mortgage payments as we used equity to build a house abroad that has been awarded to ex - its mortgage free because we borrowed against other property.

My ex remarried in March 2012 to a woman who owns her own 3 bed home with no children or dependents. They have lived together for the past 3 years.

Ex is now taking me back to Court to ask a Judge to order me to refinance FMH to release him from the £150k mortgage. I am a full time carer to our daughter with DS and cannot obtain such a high mortgage.

Can a Judge order this ? the building society have said they will not release him as its a joint liability.

Can a judge order me to release him and downsize ?

He has a substantial salary, his wife also earns a very good salary and owns her own home - his needs have been met.

Does he stand a chance of forcing me and our two children to move ? What are his chances of a Judge ordering me to release him for the mortgage ?

  • wmorris2
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04 Jul 12 #340976 by wmorris2
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The judge will do whats best for your children. not sure on the legal part of it sorry but good luck x

  • cookie2
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04 Jul 12 #341018 by cookie2
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deborah2905 wrote:

Ex is now taking me back to Court to ask a Judge to order me to refinance FMH to release him from the £150k mortgage. I am a full time carer to our daughter with DS and cannot obtain such a high mortgage.

Then, to put it politely, your ex is as thick as pig muck.

I am guessing your Consent Order says that you must make "best efforts" to release him from the mortgage. This is very common. But if you are unable to borrow £150k from your current lender or any other, then there is no amount of effort you can possibly make that will release him.

You should reply to him, saying that in the current circumstances, there is no way you can obtain a sole mortgage for that amount. You should tell him that if he attempts to bring this back to court, you will be engaging a solicitor and filing a costs order against him. Hopefully that will cause him to actually think about what he is doing.

Can a judge order me to release him and downsize ?

Not if you''ve already got a consent order/court order, no. The time for that kind of thing has passed.

What are his chances of a Judge ordering me to release him for the mortgage ?

Zero. The judge does not have jurisdiction over this kind of thing. The best they can order is that you make your best efforts to release him (which I am guessing is already in the consent order). If you are able to release him but haven''t, then that is another story. But if you are simply unable to get a £150k mortgage on your own, then there is nothing that can be done and your ex will have to like it or lump it. If he tries to bring it to court then he is incredibly stupid.

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