Legal Question in Family Law in United Kingdom
Removing a name off our mortgage
The house that my husband and I have lived in for 10 years was initially bought by my husband and his ex-girlfriend. The problem is her name is still on the mortgage and we do not know where she is living. Last we heard she was living in London. We have no contact with anyone she knows and we are wanting to sell our property. Unfortunatley we are unable to do so with her name still on the mortgage along with my husbands. Can you advise what we would do in this instance and would she be entitled to any value of the house. She only lived here for approx 11months before she left.
1 Answer from Attorneys
Re: Removing a name off our mortgage
I am afraid that this is indeed a very real problem as you will not be able to sell your home without the signature of the now absent joint owner. The other very real problem is that as a matter of strict property law she is entitled a half of the net sale proceeds.
There is one possible solution in that you may apply to the court who in these circumstances would agree to in effect sign on behalf of your husband's former girlfriend. The only difficulty with this is that the half share of the property which she owns in law would not be released to you but held by the court. This could however be a useful temporary step to allow you to sell, but at the end of the day this lady is going to have to be found. Hopefully she can then be persuaded not to enforce the strict entitlement which she has.
I am sorry that there is not an easy or and more satisfactory answer to this problem. If I am able to help more please get in touch with me directly.
Andrew Dutton
www.legal-zone.co.uk
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