Fiancee's Ex-husband still on mortgage

[Andi]

Hi, my fiancee's exhusband is still on what is now my and my fiancee's home. He has signed a sheet of paper , and been paid off. Because my fiancee and her Ex entered a Part Buy - Part Share Mortgage, which is now in arrears, I would like some advice on my standing with regards to what is my new home.

We want to make it so he has no legal interest in this house, but because of the arrears, thats not possible until the arrears are cleared. We are in process of sorting this out, but i am concerned that if he wanted the Ex could come back in and claim this as his home. He has not paid anything towards the house for over 3 years. Once the arrears are cleared, we will remortgage to make it our house.

Her Ex has signed an agreement saying he wants nothing to do with the house, but as it was not witnessed by a solicitor I have concerns as to the legality of said document.

I am worried because of his illness, he suffers from Bi-Polar Disorder and I think that if it came to court, its a possibility that he could say it was signed under duress, which that is not the case.

Any advice on this would be greatly appreciated

ANDI

[AFFA]

I wish to inform you that as at present the name of ex husband of your fiancee is on mortgage therefore he is still having the right over property. Now if there has been an agreement between your fiancee and her ex husband then that agreement can be given effect after mortgage has been paid. In this if you have doubt that her ex may contest the agreement as being under force then you can have a new agreement signed with him along with two witnesses. In this the agreement can be entered now that is before paying mortgage. Alternatively your fiancee can show some evidence to prove that the agreement was entered without any force and with free consent of the person.

AFF

Is your name now on the deed and/or the mortgage to this property? How is it now "your home" if these two still have unfinished business regarding it?

He "signed a sheet of paper"? What "sheet of paper" did he sign? A blank one? A "where's waldo" one? What?

You cannot "make it so he has no legal interest". Indeed, you are interfering in her business with her ex-husband and really should stay out of it.

Any "agreement" he signed is not worth the paper it's written on if his signature was not notarized.

This is their mess to figure out. It's wise for you to stop interfering with it. Let them sort it out on their own. Until then, your name should not be on either the deed or the mortgage to the home.