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Court Order on Property

Posted by Phyll 
Court Order on Property
May 04, 2021 06:50AM
Hello,

Wife and I are divorced but my name has been on the mortgage and but removed on the land registry documents ever since the divorce 5 years ago. My name was left on the mortgage because my ex-wife's income was low to enable her get a mortgage in her own name. The court order made at the time of the divorce is as below:

IT IS ORDEREDTHAT
1 - The Respondent (HUSBAND) shall forthwith transfer to the Applicant (WIFE) all his legal and beneficial interest in 1 Buckingham Place, London SW1, subject to the Mortgage thereon and shall indemnify the Applicant in respect of that Mortgage and any arrears due thereon.

Question is - my ex-wife wants to sell the property. Am I entitled to some of the proceeds considering my name has been on the mortgage all this while and has stopped me from getting a mortgage?

Question 2 - Mortgage has requested the conveyancer for my name to be able to provide a redemption statement. Since he is not acting for me, is the lender obliged to provide the redemption statement without my authority?
Re: Court Order on Property
May 04, 2021 11:06AM
Question is - my ex-wife wants to sell the property. Am I entitled to some of the proceeds considering my name has been on the mortgage all this while and has stopped me from getting a mortgage?

No, because all your legal and beneficial interest in the property has been transferred to your ex wife.

Question 2 - Mortgage has requested the conveyancer for my name to be able to provide a redemption statement. Since he is not acting for me, is the lender obliged to provide the redemption statement without my authority?

Either party to the mortgage - you or your ex wife - can ask for a redemption statement so it doesn't really matter if you co-operate or not. Having said that, since selling the property will remove you from the mortgage once for all it is hard to see why you shouldn't co-operate.
Re: Court Order on Property
May 04, 2021 12:51PM
Thank you so much
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