Divorced but still named on mortgage

[donchano]

My partner is divorced and his ex-wife still lives in the former marital home with their daughter. According to the divorce settlement my partner is entitled to 40% of the property payable when his daughter leaves home or if his ex remarries. He has no financial liability for the mortgage. His ex was told to make arrangements to take his name off the mortgage but we have now found out that she hasn't done this.

Can anyone please tell me what the implications are if his name stays on the mortgage and what we can do, if anything, to force her to take his name off?

[donchano]

Wow, thanks for superquick answer. We will write them a letter.

[donchano]

That might be a problem. She continues to pay the mortgage with some help from her family but I don't think she would qualify for a mortgage on her own. Does that mean the building society could block the removal of his name?

[tonywiltshire]

As has been stated the problem probably is that the ex-wife does not have an income large enough to service the mortgage payment so the lender will not agree to your partner’s name being removed which will also remove his liability to the lender, it may also be that the ex-wife’s credit rating is not good enough to be the sole name on the mortgage. There may also be a difficulty if your partner wishes to take out another mortgage when he is named on one.

The lender may accept a guarantor for the ex-wife or if the ex-wife pays the mortgage, with help from the family, it will strengthen her argument that she is able to service the mortgage, but the lender will do what they consider to be in their best interest.

[johnny37]

Why will he get 40% if he does not contribute? Also, if his name is on the deeds he does have a liability. The lenders can chase either party if the mortgage is not paid. Like Tony, I am wondering if this was done to satisfy the lenders because the wife does not earn enough to get a mortgage in her own right. Might be better to leave things as they are, though there could be probs if he tries for another mortgage on a different property, even if he says he does not contribute.

[donchano]

Johnny, he's entitled to 40% of the equity because that was what was agreed in the divorce court (throughout the marriage his ex-wife made no financial contribution to the mortgage, or indeed anything in the house, as she chose not to go out to work). He's not named on the deeds, except in the Charges Register as he has a legal charge against the property.
I'm with you. I want to persuade him to let this sleeping dog lie as the house will end up being repossessed if he tries to force the issue.
Thanks for all your replies.