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advice re:divorce, mortgage and secured loan

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I am posting on behalf of my friend who is desperate. All advice gratefully received! To keep it brief,

She has been seperated for 2 years, not divorced at present but hoping to start proceedings soon. They have a young child.

Friend is living in house with child, and is currently paying all mortgage and secured loan on the property monthy, her ex-husband pays the bare minimum in child support and nothing else. No contribution towards mortgage or the loan, which was his initially.

The secure loan is unfortunately in both names, my friend was bullied into taking it out to help him professionally but nothing came of that.

Current mortage outstanding - approx £80,000. (interest only)
Current secured loan outstanding- approx £35,000

Friend cannot carry on making these payments and wants to move out or sell. ExH says he will refuse the property being put on the open market. he wants to move in and take over the mort in his own name and he has the papers to do this, BUT this does not solve the problem of the secured loan and we know he will default on payments and then my friend will be chased for the money. Only way her name can come off is to clear the loan.

ExH is very unreasonable and also has bad credit rating so may struggle to get a mortgage. House currently worth £105,000 is so they are in negative equity.

Any advice please? Have seen solicitors but not much help;

Should she-hand the keys back in to building soceity?

Let him take over the mortgage and just stop making payments on secured loan?

Come to a financial arrangement over payments during the divorce process? She does not want to get taken to court over his non-payments.

Please help, she is desperate.
Thanks for reading, and can Martin please come over and offer some advice??!!

Comments

  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    she needs to see a divorce lawyer asap.
  • Thanks, I am encouraging her to do so but she has already seen 2 different solicitors and neither could help, but this was before being ready to start divorce proceedings. I think her biggest concern is paying more money to a 3rd solicitor but I really think she needs to invest to protect her finances longer term. Can anyone offer any advice re-sorting out debt as part of a divorce? Thanks
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