Divorce settlement advice

[briangriffin]

Il try to keep this as straight forward as possible,

A mates parents split up a few years ago, mum took the lions share of the pension and he kept the house which she signed agreement to with him then agreeing to remove her name from the mortgage. This was a year ago, it has now emerged that he hasn't removed her name from the mortgage as agreed and has borrowed more money.

Where does she stand now as she signed to say she had no claim on the house but he signed to say he'd remove her name. Is she liable for the money he has borrowed and how would it be looked upon legally?

Many thanks

[rewc]

Was this part of a financial settlement Consent Order?
http://www.kentfamilysolicitor.com/finances/transf...

[catman]

I can't see that he could just get her name removed. That would require the consent of the Bank which held the mortgage. It wouldn't just happen as a matter of course.

Tim

[Red Devil]

Indeed. There is something not right about the whole thing. The divorce must have been a bungled and incomplete d-i-y job or else the wife's solicitor was seriously incompetent in not ensuring that it was all properly sorted.

[briangriffin]

rewc said:

Was this part of a financial settlement Consent Order?
http://www.kentfamilysolicitor.com/finances/transf...

I believe so, could it be that he couldn't get a mortgage I'm his own name and so just span a yarn saying it's all sorted and his ex has been to trusting that he's sorted it?

[Rude-boy]

briangriffin said:

rewc said:

Was this part of a financial settlement Consent Order?
http://www.kentfamilysolicitor.com/finances/transf...

I believe so, could it be that he couldn't get a mortgage I'm his own name and so just span a yarn saying it's all sorted and his ex has been to trusting that he's sorted it?

When Consent Orders are agreed and negotiated the chances of one or other party being released from any existing charge is always explored before anything is finalised so that the Consent Order reflects what can be done.

When someone cannot be removed from a charge it is usual for the lender to be fully informed of the situation to stop them from advancing any further funds under an existing charge.

If there was a Consent Order and the chap has done this he could be in hotter water than he believes as the Court does not like people taking the piss out of it's orders...

[rewc]

briangriffin said:

I believe so, could it be that he couldn't get a mortgage I'm his own name and so just span a yarn saying it's all sorted and his ex has been to trusting that he's sorted it?

http://www.netlawman.co.uk/ia/breach-of-consent-order

[velocefica]

I would say from what information is here that the original mortgage has now been paid off and he's remortgaged the house.

[Du1point8]

velocefica said:

I would say from what information is here that the original mortgage has now been paid off and he's remortgaged the house.

Yep, but he has kept the ex-wife name on the remortgage it seems, despite the fact he should have and technically the ex is liable, the bloke will be in deep st once mortgage people find out he lied.

[Jim1556]

Du1point8 said:

Yep, but he has kept the ex-wife name on the remortgage it seems, despite the fact he should have and technically the ex is liable, the bloke will be in deep st once mortgage people find out he lied.

How can he remortgage with her name without her signature? Didn't think that was possible...?

[briangriffin]

velocefica said:

I would say from what information is here that the original mortgage has now been paid off and he's remortgaged the house.

She knows the amount he's taken against the mortgage as she had a letter from the mortgage company, it's not a remortgage amount but still in the thousands of pounds, wouldn't the bank require both signatures to do his anyway? Which may suggest that he forged her signature?

Thanks for advice so far. Will hopefully have more in depth info tomorrow too