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Response to legal rights after repossession.divorced name still on the deeds.
from Chris (chris@anon.co.uk)
If your name is on the mortgage and the deeds then you have just as
much right over the property as your ex-wife. Indeed you could move
back into the property as a joint owner!
I know you comment that you cannot afford a solicitor but initally I
would suggest you go and see one on a 'fixed fee' basis. I saw mine
firstly at a cost of £45 then I discovered I was entitled to Legal
Aid. I did have to pay it back, but at least I did have a chance to
put some money aside to pay for it all and not have to pay it out all
at once.
You can only get her name off the mortgage and deeds via her
signing. What happened in my case was that my ex-husband stopped
paying his half of the mortgage after leaving. I offered him a
settlement figure which I then added to the mortgage when he accepted
this in return for him signing all rights of the property over to
me. I also got a 'full and final' settlement which means that he can
never come back for anymore, as it is possible for ex-partners to
return for more money many years later if this is not obtained. I
would suggest you go and see a solicitor, I know it is difficult with
costs etc. but you cannot get her off the deeds/mortgage without her
signature and if you do it yourself you may end up missing something
or making it worse. I sorted out my own divorce against my
solicitor's advice thinking I would save money and in the end it just
cost me more. This was some years ago and is sorted but it took 2
years to sort it out whereas it could've been done in 6 months. If
you are anywhere near the South East of England let me know as my
solicitor is excellent and not the most expensive and I will give you
his details.
(posted 8295 days ago)
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