Over the weekend I bumped into a fellow dog walker who I know in passing and he asked me if he could ask me a quick question as he had heard I am a solicitor!
He said that he and his ex-wife divorced amicably years ago and they reached a financial agreement between themselves without any Order where he agreed to remain on her mortgage. He only discovered he was still tied to this mortgage when he tried to secure a car loan and he wasn't able to.
I explained that he will need to contact his ex-wife and see if she is prepared to apply to the bank to release him from the mortgage and assuming she is, it will depend upon her financial circumstances as to whether the bank will release him. She has been paying the mortgage on her own for a long time but he has been paying child support until very recently.
I advised him that if they had an Order, then this could have provided for his ex-wife to give an undertaking which is a legally binding promise to release him from the mortgage within a reasonable period of time. In certain circumstances, an Order can also provide for the property to be sold if the other party can't be released from the mortgage.
It is good to remain on amicable terms and come to an agreement but it is also advisable to seek legal advice and ensure things are done properly so that any agreement is confirmed in a legally binding Order.