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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 7639 days ago)

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