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Dealing with joint mortgage on relationship breakdown?
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Sally Long
Posted: 12 February 2017 19:08:50(UTC)
#37

Joined: 12/02/2017(UTC)
Posts: 2
I wonder if someone could advice me. My husband divorced his ex wife in 2011 and the judge issued a court order for the ex wife to get him released from the mortgage but he was to have a sort of charge on the house for 35% of the equity at such time that either she remarried or the youngest child reaches 18. Last summer we applied to increase our mortgage and got declined, after looking at our credit searches it seems he is still named on the joint ex marital mortgage and this is why we are unable to get any further borrowing. As it stands the mortgage company have also advised if she fails to make any payments they can peruse him. We really can't afford to take her back to court but want to know how we can get this order enforced, also if it is t enforced would be then be entitled to 50% when the youngest child reaches 18 or not. Any advice would be greatly appreciated
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Mark C
Posted: 13 February 2017 21:49:40(UTC)
#38

Joined: 17/12/2016(UTC)
Posts: 20
So does he still own the former marital home jointly with his ex-wife? You can find out from the Land Registers. >>>here<<<
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Sally Long
Posted: 14 February 2017 07:10:05(UTC)
#39

Joined: 12/02/2017(UTC)
Posts: 2
Yes he does
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Mark C
Posted: 14 February 2017 09:45:50(UTC)
#40

Joined: 17/12/2016(UTC)
Posts: 20
Especially in the current lending climate it's no surprise that you can't get additional lending. The situation is that the lender (on the ex-marital home) must consent to him being released from his mortgage obligations and a transfer of title to the ex-wife alone. That would only be done if she could show she can afford the mortgage - plus whatever amount (35% of the equity?) was needed to buy him out of his joint share.

Without understanding the details of the court order, it's difficult to comment. Most solicitors will do a 30 minute appointment for free to understand your difficulty and then give you an idea of what they can do (and can't do), plus a fees estimate. They'd want to see the court order. You really do need legal representation.
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Mark C
Posted: 15 February 2017 21:26:00(UTC)
#41

Joined: 17/12/2016(UTC)
Posts: 20
Ho hum. Good luck. I realise you may have been looking for a quick instant fix which works for you (like most others posting in this thread) but sadly, they don't exist. Sorry to disappoint.
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Stu Maw
Posted: 14 August 2019 15:42:52(UTC)
#59

Joined: 14/08/2019(UTC)
Posts: 1
i trust this thread is still active -

similar story I've split up with my ex and temporarily moved out to a friends whilst we decided our options... (our own house and 2 rentals).

Long story short, 10 months of 50/50 paying on our mortgage..... she is buying me out of the rentals which will give me my own deposit money, with the proviso she is going to buy me out of our joint house - (if she meets the mortgage lenders criteria, when our mortgage expires in August 2020).

However, i want to buy my own house once i have my deposit money.

Couple of questions on the affordability -

1. Will a mortgage company take the whole of my existing mortgage on our house into account or only 50% - as it is a joint mortgage, when doing my affordability.

2. If it is 100% - is there a way i.e. via a legal letter between me and the ex stating that i am not liable for any future payments that i can issue to a mortgage lender. - Note we have not notified the current joint mortgage lender.

- The plan being that i stay on our joint mortgage until it expires in Aug 2020 so to avoid charges etc plus giving the ex time to sort out her funds, better salary etc.
I appreciate worst case i may have to force an earlier sale or transfer of equity to get rid of the joint mortgage liability, but conscious of the affordability aspect for my ex......

Yes its very amicable if not a little soft on my part.

Any advice would be gratefully appreciated.
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Gee Wes
Posted: 06 January 2020 17:02:11(UTC)
#61

Joined: 06/01/2020(UTC)
Posts: 1

I hope l will get some helpful advise.

I am currently going through divorce. He went with another woman (a case of provable adultery) Petition
has just been received. I am the respondent.

He stated in the dissolution statement that he would give his share of the property to me (I own about 85%
interest anyway as l paid the deposit and has been paying the mortgage which is going to 14yrs).

Firstly, what do l need him to do to confirm his relinquishment of the property as there has been no
hearing yet.

Secondly, there has been delayed payment (mortgage payment history has not been fantastic) would this affect me going forward?

Thirdly If l ensure payment is kept clean would that make a different when l get to the lenders?

lastly, going forward how what do l do to have his name taking out when l get to that juncture.

Your advise would be appreciated as am getting worried and paranoid that l would loose my beautiful home.
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Daniel Penny
Posted: 08 January 2020 22:54:07(UTC)
#62

Joined: 08/01/2020(UTC)
Posts: 1
Hi,

My wife has left our house with the children and after 5 months shes decided that leaving was a stupid idea legally and is forcing me put and moving back in, she is telling me I have no option but to carry on paying the mortgage, regardless if I've got to rent a property for myself, shes saying legally I will be forced to pay by the courts, I've explained that I can not pay rent and a large mortgage. I know that were both legally responsible for the mortgage, but my question is, can I be forced to pay both? Can anyone advise please?
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mark sp
Posted: 12 January 2020 11:44:19(UTC)
#63

Joined: 11/01/2016(UTC)
Posts: 912
Daniel Penny;100980 wrote:
Hi,

My wife has left our house with the children and after 5 months shes decided that leaving was a stupid idea legally and is forcing me put and moving back in, she is telling me I have no option but to carry on paying the mortgage, regardless if I've got to rent a property for myself, shes saying legally I will be forced to pay by the courts, I've explained that I can not pay rent and a large mortgage. I know that were both legally responsible for the mortgage, but my question is, can I be forced to pay both? Can anyone advise please?


No

you will both have to do financial statements - if the money isn't there it won't happen.
DO NOT move out
The only thing the court will be interest in is the children not her.

get legal advice now.................
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