Disassociate Myself from Husband

Felix123

Hi,

My husband is divorcing me and I had a decree nisi in January of this year. I live in the matrimonial home which is worth as much as the mortgage so there is no equity in the home. I had an offer last August from the mortgage company for the mortgage to be transferred into the name of myself and my daughter. Since he left in May 2005 I have been paying the mortgage and all bills myself. I recently applied for a zero percent credit card to transfer my existing credit card where the 0% is due to end but was turned down because I am financially connected with my husband. I want to disassociate myself from him financially but obviously can't because the mortgage is in both our names.

He wants the house selling but I don't want to put it on the market because even if I find a buyer he could refuse to sign the papers and I will be left with the estate agents fees. Also I will end up having to pay the fees which I cannot afford as there is no equity.

I have asked my solicitor YET AGAIN to try to get the situation resolved as soon as possible but does anyone else have any ideas of how I can get this sorted out quickly??

Thanks for any ideas.

Littlemiss-lotsofdebt

I would recommend getting a copy of your credit file from https://www.experian.co.uk, you can sign up for a free 30 day trial or pay £2.00 I think it is.

This will show you what debts if any are linked to your ex husband, and you can then request to be disassociated from him via Experian.

Good luck x

Felix123

Thanks for this. I have got hold of two credit reports. On both of them the link is with the joint mortgage. Experian do provide a financial disassociation form but I can only complete this once we no longer share the joint mortgage.

Bossyboots

I'm not sure what you want your solicitor to do. He wants to sell, you don't. Unless one of you can compromise you will spend a fortune on solicitors' letters going backward and forward achieving nothing.

The estate agents fees would be the responsibility of you both if you did sell, as would the legal fees but if there is no money to pay them then you cannot enter into a contract for these services anyway. If it went to court, I suspect he would win so you need to find some common ground somewhere. Again though, who is going to pay the fees.

At the moment I can't see that you can do anything other than see if the offer to have the mortgage transferred is still open so at least you can get the disassociation dealt with.

Felix123

Hi - yes I am spending a lot of money on the solicitor but she is letting me pay her £50 a month. It might be the responsibility of us both to pay the legal and selling fees but he refuses to pay anything at all and I can't force him to. I can't even move out because I can't afford to pay rent on anywhere else when I have to pay all the mortgage. He keeps threatening to make himself bankrupt (which my solicitor says could help me because there is no equity then the courts would probably agree to house being signed over to me). I really am stuck and wondering if anyone else had a similar experience and knew a way out!!!

jenniferpa

Don't forget that the estate agents fees are payable when the property is sold, not before, so if he fails to sign the appropriate papers you won't have any fees, although you could have an irritated buyer and EA. However, I would imagine that the EA would require you both to sign the listing agreement in an attempt to avoid this issue.

Rikki

While you have the mortgage in both names regardless of who pays it you cannot disassociate from your ex.

Tell your ex it will do no good selling the house as their is no equity in the property. So why does he want to force a sale? Just to force you to be homeless?
Why not have the house valued and the mortgage transfered into your name?

Felix123

Thanks Rikki. House has been valued and I have a mortgage offer from the building society but the transfer still needs soon-to-be-ex-spouse's signature. There is no equity and he is not being reasonable. He just wants to make everything as difficult as he can for both me and our daughter. If I get the solicitor to take this to court and they don't rule in my favour then I will struggle to find the money to pay the selling costs as he will refuse to pay anything so a transfer of the mortgage is really the sensible solution but he isn't being sensible - his intention is probably to make me bankrupt as well. After our split in May 2005 he packed up his job and now lives with his mother.

Felix123

Another thought . . . . . . . . does anyone know if it is possible for me and my daughter to buy a house from me and nearly-ex-husband? i.e. can I buy a house off myself????

Bossyboots

Felix123 wrote:

Another thought . . . . . . . . does anyone know if it is possible for me and my daughter to buy a house from me and nearly-ex-husband? i.e. can I buy a house off myself????

Yes, the property could be transferred from the names of you and your husband to that of you and your daughter. Your daughter would actually be buying your husband's share and you would simply share ownership with a different person. You would not be buying a house from yourself therefore.

Felix123

Thanks Bossyboots do you know if what you suggest is different to transferring the mortgage into mine and my daughter's names - I already had an offer from the building society but my ex still needs to sign it over.