Mortgage Removal Dispute
The client is experiencing a property and family law issue involving the removal from a mortgage and equity withdrawal of £50,000 from a shared property in England. The client claims to have been removed from the mortgage years ago without their consent or knowledge and has faced difficulties obtaining information from the bank regarding this matter. They have been solely responsible for all household expenses and the care of their child, while their ex-partner has allegedly not contributed financially. The ex-partner is trying to force the sale of the house, which the client cannot afford. The client's financial limitations have hindered progress in addressing these issues.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow could my ex-partner legally remove my name from the mortgage without my consent?
In England, it is generally not permissible to remove someone from a mortgage without their knowledge and consent. If your name was removed, it may involve incorrect or fraudulent processes, such as forgery. Both parties typically must agree and sign any related documents. A mortgage lender would require proof of any changes in mortgage responsibility, and it should be properly documented.
What legal steps can I take to prevent the sale of the house if it's not in the best interest of our child and me?
To prevent the sale of the house, you may apply for an occupation order under family law, which can allow you to remain in the home temporarily. You might also request a property adjustment order to modify ownership based on your child's best interest. Additionally, you may consider placing a restriction on the property title to prevent a sale without your consent.
Can I claim any financial share from the equity my ex-partner withdrew from the house without my knowledge?
You might have a claim to a share of the equity your ex-partner withdrew, especially if it was done without your consent. If you were a joint owner, you may have an equitable interest in the property and could argue your right to the equity based on your contributions and responsibilities.
What are my rights regarding child maintenance given that I've been solely responsible for our child's upbringing?
In the UK, both parents have a legal duty to contribute to their child's financial support. Given your sole management of the child's care, you could be entitled to claim child maintenance from your ex-partner, which is usually calculated based on their income.
Is there any legal recourse for potentially fraudulent actions if my signature was forged on mortgage documents?
If your signature was forged, this could be classified as fraud. You may report the incident to the police and inform the mortgage lender. Consulting a property law solicitor could also reveal available civil remedies, including a court order to address the fraudulent transaction.
