DO I have to do anything

[Kidders71]

HI All me again..

Re- Divorce/finances..... My ex is trying to get my name taken off of our joint business and mortgage for the house. Can she get it taken off them without paying me something or can I just wait until she compromises? Thanks in advance

[innocenti]

There is no way your ex can take your name off the mortgage without your signature of concent. She can go to court to enforce a sale but cannot take your name off unless a court has agreed this.

Not sure about the business though.

[Kidders71]

So do you think I can sit tight as she refuses to compromise?

[innocenti]

You can yes. The only way she can get you off the mortgage/deeds is by court order.

[Kidders71]

Can she get me off for free though? Thanks for your answers

[gina32]

what do you mean for free

[themas]

This is part of the divorce procedure - trying to settle the finances can be very difficult. What is supposed to happen is that you and your ex should make a full disclosure of your finances - all assets and liabilities and income - (on Court forms, I believe) and (through your soicitors) exchange the information. Any queries then have to be resolved if possible, and an agreement reached on how the assets are to be divided, as well as what maintenance is to be paid. If it is not possible to reach agreement the Court will decide.

Your solicitor should explain all this to you.

If you don't agree with your ex's proposal then you have to say so, & the Court will decide what is to happen if your ex takes the issue to Court.

I assume that by "for free" you mean handing the asset over without you getting any money in return. I think this is very unlikely, but no-one can tell you definitely. To some extent, it will depend on who has provided the deposit and made the mortgage payments but Courts take other factors into account as well.

Incidentally, you refer to your name being removed from the mortgage. That is a secondary issue. I assume the property in is both your names, & it is removal of your name from the title which is the main issue. However, it is possible your ex will not be able to get a mortgage in her sole name & that could lead to problems if the Court considers the property should be transferred to her.

[jedimistress]

With reference to the business...is it a partnership or a Limited Company.

[Kidders71]

its a LLP...limited liability partnership. Her solicitor is making all kinds of false accusations and hiding behind the Without Prejudice. If i am seen to try and compromise and they dont will that go in my favor?

[jedimistress]

I thought the Calderbank "without prejudice" letters had been abolished recently. You should check this further.

[jedimistress]

Not abolished, but don't have the same effect as previously in Law.

[jedimistress]

Ignore me, I just remember reading it the other night. I'll look into it further for you.