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hello! I'm actually divorced. It have beet 1 year plus. So after our divorce i planned to sell our property that is on a joint name mortgage.But my ex husband does not agree with that n he is not even paying for the loan whereas I'm paying my portion..n according to the bank if this continues my house will be lelong n i will be blacklisted,but the biggest problem is that he don't mind being blacklisted but he does not want to sell the house n let me leave in peace.So i have tried my level best but he does not agree to sell the house. Even my lawyer have give up on this matter.So now my question is that does anyone have any idea on what can be done? I actually thought of removing name from that joint mortgage, but is it possible? If yes, then HOW?? Please someone help me I'm really in a trouble!
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1 Answer

David Wong Lai Kwong
1. I presume when you said it is a joint mortgage, the property is under both your joint names too which may not necessary be. 2. In a divorce, a married couple can decide who gets what. However when either party or both, disagree with the arrangement, the court has power to order for division of matrimonial assets as in accordance to s.76 Law Reform (Marriage and Divorce) Act 1976. 3. The question on whether it is possible to remove your name in a joint name mortgage, it is best you speak to your mortgage banker on their policy and their terms, if it is possible. 4. Worst case scenario is allow the bank to get a court order to auction off the property due to the default in loan repayments to pay off the loan. Any balance from the sale proceeds will be distributed back to the registered owner(s) of the property, if any. However, auctioning off the house may not get the market price, the legal and bank costs may be higher and there is a social stigma on auction properties. While both of you maybe blacklisted because of bad loan repayments (which both of you are already in even though you are paying a portion of it), it will be cleared once the whole disposal of the house is done and the loan is fully repaid. Hope this might clear some of your concern and worries. Read More
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