Ex refusing to remove name from deeds

ittakestwo

Is there any equity in the house (Current value - amount left on mortgage)? If there is would you not want half the equity to get your name of the title? Or at least half the equity at the time you moved out of the house.

randomrb

Markcheese wrote: »

Do you have a solicitor who you get on with and trust ? ,Get some proper legal advice on what your options actually are ,
If you can go down the legal route ,and force a sale then let your ex know that if this happens you will be looking for half of whats left over after paying the bank ..
If necessary send him this via solicitors letter ... And also let him know that all you want is out .. so if he proceeds promptly ,that your happy to just be off the mortgage ..

You missed the part where she said that he got the house in the divorce.

If he got the house, he is the one who has to do the paperwork. Worst case scenario he dies and you end up with the house through joint ownership because he didn't take you off the deeds. Unless the house is negative equity don't pay for something that benefits him.

In saying all that you need to get legal advice on this

AMEOC

randomrb wrote: »

You missed the part where she said that he got the house in the divorce.

If he got the house, he is the one who has to do the paperwork. Worst case scenario he dies and you end up with the house through joint ownership because he didn't take you off the deeds. Unless the house is negative equity don't pay for something that benefits him.

In saying all that you need to get legal advice on this

I agreed to sign divorce by consent & that he could have house in its entirety if he took my name off deeds - at his expense. So obv he said yes and began talks with bank & solicitors, got the house - and now to me he should follow through with no cost to me - look i get all points of view - took 6 yrs to get him to mediation & 7 to get divorced - just want closure

BronsonTB

First, get a new solicitor!!
This should have been sorted before any divorce.

Now you would need to take him back to court in order to ask judge to sell the house. (Very long expensive road)

What bank is the mortgage with? (Can make a big difference if they will allow a transfer of equity application)

AMEOC

BronsonTB wrote: »

First, get a new solicitor!!
This should have been sorted before any divorce.

Now you would need to take him back to court in order to ask judge to sell the house. (Very long expensive road)

What bank is the mortgage with? (Can make a big difference if they will allow a transfer of equity application)

Mortgage is with ulster bank - we didnt involve solicitors with divorce as everything else was sorted - access etc. But we had house agreement in place and had everything in place just to be signed off when divorced etc -

Victor

AMEOC wrote: »

But if he does die - who gets the balance of monies from the policy?

That will depend on how the policy is worded as to whether there is a balance and who would benefit from that balance.

Bloody unnecessarily messy

Agreed.

Marcusm

AMEOC wrote: »

I get ur point - but with my daughter i agreed to move out of the family home - with all of this agreed in mediation/ via emails & with bank discussions. I dont agree its a fair deal - i have nothing and have to pull together another deposit and i dont see why i should have to pay any costs

If he died who is entitled to the house?
Can i will my ‘half’ to someone?

The legal costs of remortgaging and transferring title would have been entirely foreseeable (and by inference, reasonable) at the time of the divorce decree. He is simply not abiding by it. Ask your solicitor as to what action needs to be taken to enforce the order.

You can transfer your interest in the house in theory but it does not release you from the mortgage obligation. While it might be attractive to suggest that, I think it would not be acting in your best interest as it would frustrate efforts for a clean break from the house/debt.

Victor

Oh, if money is an issue www.flac.ie may be useful.

AMEOC

Marcusm wrote: »

The legal costs of remortgaging and transferring title would have been entirely foreseeable (and by inference, reasonable) at the time of the divorce decree. He is simply not abiding by it. Ask your solicitor as to what action needs to be taken to enforce the order.

You can transfer your interest in the house in theory but it does not release you from the mortgage obligation. While it might be attractive to suggest that, I think it would not be acting in your best interest as it would frustrate efforts for a clean break from the house/debt.

Totally agree - absolutely was foreseeable!!

AMEOC

Victor wrote: »

That will depend on how the policy is worded as to whether there is a balance an who would benefit from that balance.

Agreed.

God i hope i have all that stuff too - its not a reducing policy so would def be monies left

BronsonTB

Check & see will your bank allow a transfer of equity application.
You need to talk to a good solicitor that is familiar with family law to guide you on the next course of action.

I feel your pain but once my ex starting reneging on any verbal agreement, I went through solicitor/court.
Long tuff road but out the other side now.

AMEOC

BronsonTB wrote: »

Check & see will your bank allow a transfer of equity application.
You need to talk to a good solicitor that is familiar with family law to guide you on the next course of action.

I feel your pain but once my ex starting reneging on any verbal agreement, I went through solicitor/court.
Long tuff road but out the other side now.

Ok - that’s interesting! Thanks so much

stargazer 68

AMEOC wrote: »

Mortgage is with ulster bank - we didnt involve solicitors with divorce as everything else was sorted - access etc. But we had house agreement in place and had everything in place just to be signed off when divorced etc -

That agreement should have been recorded in the court papers so perhaps contact the court office (they are very helpful) and ask them. I'm sure when I got my divorce (no Solicitor either) the agreements we made between us were recorded and she said I could go back if they weren't adhered to.

AMEOC

Dovies wrote: »

That agreement should have been recorded in the court papers so perhaps contact the court office (they are very helpful) and ask them. I'm sure when I got my divorce (no Solicitor either) the agreements we made between us were recorded and she said I could go back if they weren't adhered to.

Interesting!! Will do. - i have all docs/ decree from court but didnt know about that. Thanks v much