Removal of his name from mortgage

[fairyqueen]

When I met my fiance 2 years ago he said he had signed over the house he had with his ex-wife to her. He had no paperwork or documents of any kind and I said you should check and lo and behold his name isstill on the mortgate/rent. It's a part rent /part buy scheme. His ex-wife is getting remaried in October and is telling us all different stories as to why his name cannot be removed. He had no solicitor when they got divorced leaving it all up to her and that's why he is in a right state now. I'm at the end of my tether as when I split from my ex it only took just over a month to remove my name from mortgage etc. My fiance left his wife in June 2000 and they divorced in July 2002. I have told him to seek legal advice immediately instead of leaving it up to her. Can anyone help?

[WendyS]

Tell him to consult a solicitor.
And ask yourself how comfortable you feel marrying a man who was quite happy to leave all the financial aspects of his divorce to his wife. Is he financially inept or just happy to leave such responsibilities to somebody else?.
Financial issues can cause a great deal of stress in any marriage and perhaps you need to be sure that history is not repeating itself. It rather seems as if he's now happy to leave it all to you to sort out.

[Golden Shred]

If he is on the Register at the Land Registry as a joint owner it is relatively straightforward. If you do not know click here and pay �3 to see the Register. If he is shown as a joint tenant with the ex simply write to the ex terminating that and saying henceforth it is held as tenants in common (the ex cannot contest that). Speak to your local District Land Registry Office who will tell you how to change the Register. As a tenant in common he can now force a sale of the property - give the ex first refusal to buy out his half. He should say that he requires payment of 50% of the proceeds after the mortgage and all expences have been taken into account. If the ex refuses apply to a court for an Order to sell, it will not be refused. That's all there is to it.