Mortgage

I received a court Judgement that signed all equity in the matrimonial home to my ex husband but, allowed me to keep my long service pension award. However, my ex husband applied for voluntary bankruptcy preceding the final judgement. He then proceeded to put the mortgage £11,000 in deficit. The mortgage lender refused to sell the matrimonial home because my ex husband had moved in his new partner (now wife). She had a son from a previous relationship, and they now have a son of their own. My ex husband entered into an agreed repayment plan with the mortgage lender. I contested the judgement order as I found out that the mortgage lender would not release me from the mortgage. I received an indemnity order that supposedly prevents the lender from taking any court action against me, if my ex husband defaults on future mortgage payments. This has left me with a non existent credit rating that impacts on my ability to apply for any loan/ mortgage. I have been fighting this decision for the last three years. The ombudsman have been involved in the complaint process but are yet to help with any resolve. I went to see the mortgage lender today, my ex husband has £2,300 to pay and the deficit on the mortgage is then cleared. However, they still refuse to take my name off the mortgage...? They say this is because he went bankrupt. His bankruptcy release date was April or June 2014. He applied for voluntary bankruptcy in April 2010. The insolvency company were not happy with the information provided so they applied for two extensions to stop my ex husbands release from bankruptcy so this is why he was not released until 2014. The mortgage was an offset mortgage. At the moment he is £2,300 over the agreed limit. Once this money is paid I am informed that I will have the right to withdraw from the offset. Would you be able to advise me, if this is correct? My husband withdrew £127,000 from the offset tracker after we separated. I tried to fight this in court but, I was Informed that he had the right to take this money, without my signature. Does anyone have any advise on how I can get myself removed from the mortgage so that I can rebuild my life? The financial judgement was set in April 2012.

Will they release you from the mortgage if you pay the £2300?

If you can afford to it might be worth it.

This was, and has been my understanding. However, after contacting the mortgage lender yesterday, I am now informed that this would not be the case as my ex husband entered into voluntary bankruptcy in 2010 and was not released from bankruptcy until 2014, I would not be subject to having my name removed until six years from his bankruptcy release date. This has left me traumatised as I will then be 61 with very little prospect of entering into a mortgage of my own.

I was not with my husband when he applied for voluntary bankruptcy. I am not and have never been bankrupt. I cannot believe that a mortgage lender can keep a person attached to an agreement that a court has removed any right of entitlement to the property jointly mortgaged. I have a court indemnity that stops the lender taking any formal action against me, if my ex husband defaults on any mortgage or arrear payments. What is the point of my name remaining on the mortgage?

I am exasperated by my divorce journey. I have been fighting to redeem total closure to a very difficult time in my life. I am now in a position where I can tap into a lump sum from my pension plan which will allow me a substantial down payment on a home of my own but, being held on a mortgage with my ex partner that I have no equity entitlement to and the devastating poor credit rating incurred for his deliberate default on mortgage payments has stopped me from being able to move forward with my life.