I told my husband to leave our joint mortgaged address 3 years ago, he served a short prison sentence for drink driving offence (regularly offending hence I tild him to go) I arranged for my solicitor to start divorce proceedings immediately however when the papers were tried to be served, he had been discharged from prison the previous day with no known address. His family have been contacted via my solicitor a number of times so that papers can be served at that address where I knew he would be staying, however the family deny having any contact with him and refuse to say where he can be found. I have waited 3 years now and have had no contact from him or his family in this time, how do I get his name removed from the property so that I can make changes to my mortgage as the fixed mortgage period is almost up and I will end up not being able to afford to keep my home that I have solely paid for without any contribution from my husband.

I do not believe that there is anything which you can do other than refinancing the existing loan solely in your name. Contact your lender for other options which may be available to you. Researching legal representation as well as assistance from you lender should resolve this matter for you.

Good-Luck.

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Originally Posted by janeperk

I told my husband to leave our joint mortgaged address 3 years ago, he served a short prison sentence for drink driving offence (regularly offending hence i tild him to go) i arranged for my solicitor to start divorce proceedings immediately however when the papers were tried to be served, he had been discharged from prison the previous day with no known address. His family have been contacted via my solicitor a number of times so that papers can be served at that address where i knew he would be staying, however the family deny having any contact with him and refuse to say where he can be found. I have waited 3 years now and have had no contact from him or his family in this time, how do i get his name removed from the property so that i can make changes to my morgage as the fixed mortgage period is almost up and i will end up not being able to afford to keep my home that i have soley paid for without any contribution from my husband.

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If the house is deeded in both names the bank/mortgage company will most probably not let you finance only in your name and you have no way at the moment of getting him off the deed. Playing Devil's advocate - you refinance in your name alone and default: he owns the property but the bank/mortgage company cannot touch him. They will never let that happen.

The name(s) on the mortgage do(es) not change the ownership by deed.

I'd consult with an Attorney - someone knows where he is OR maybe you can serve by publication in Canada.