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help - ''Best endeavours to remove me from mortgage

  • QPRanger
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17 Oct 12 #361414 by QPRanger
Reply from QPRanger
.Charles wrote
This is the inequity of giving assets to the person with the lower earning capacity. Their needs are greater than their ex, so they get more assets. However, where there is a mortgage, the mortgage company is unlikely to give up their security on the grounds that joint owners separate which means that the outgoing party is tied to the mortgage. Why would they?

The court can do nothing about this situation other than to order a sale of the property in every case with these circumstances. Unfortunately this doesn’t work if it renders a party, and any children, homeless. And it certainly doesn’t work in a negative equity situation.


Well exactly. The FMH has enough equity to pay off my father''s Deed of Trust AND would, with a fair wind, give both parties a few thousand each. My ex-wife CLAIMED at the FH to have got herself a well paid job (despite not providing or being asked for any evidence of this): this was enough to convince the judge that she could afford to pay the mortgage but it surely should have also shown him she could afford to rent a suitable property for her and her (adult not in fulltime education) daughters....:angry:

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