Estranged husband wants me to sign house over to him via "Deed of Liability"

dc61

We bought our house two years ago on Shared Ownership and pay rent on the other part to the Housing association. I left earlier this year due to domestic abuse. Anyway, after many attempts to get me to return, husband has now turned unpleasant and is making various threats. He has now suggested that I sign a Deed of Liability which he says gives him rights to the equity, profits etc in the future. That's fine (I just want my name of the mortgage and deeds) but when I have researched it, it clearly shows that whilst he gets the rights, I retain the obligations if he doesn't pay etc. I'm not looking to get anything financially other than the divorce and freedom from him. He can't buy me out because the mortgage company refuse to consider him alone and he now has an IVA (that's another story!). He is now, in his yet again angry mood, saying he will just let the property be repossessed because he wants to hurt me career wise (not sure how repossession would affect my current job) and credit rating wise. As he says, it will have negligible effect on his credit rating as he doesn't have one due to the IVA.

I have today suggested that he does the above but in reverse. I will seek to take over the mortgage (which is a real possibility but not confirmed until the point of completing paperwork etc of course) or he can sign the Deed of Liability in my favour. Of course, he has refused and seems to be hell bent on having it repossessed. As the property is Shared Ownership with the Housing Association, and they have first refusal to buy back the house, I really can't see it being repossessed as such but who knows in these difficult times. What would happen if we maintain the status quo??

Anyway, I wonder whether anyone has any comments or views on this complicated (and distressing) situation. I stress I am not seeking any financial benefit; I just want to get divorced and move on. I am no longer contributing to the mortgage, rent and outgoings because I have had to find alternative accommodation. Does this affect the situation?

Thanks for any advice etc.

izools

What would be better if you want off the deeds and mortgage is a Transfer of Equity.

Suggest it as a counter proposal.

dc61

Well that sounds more sensible but surely, to have my name removed from the mortgage/deeds, our mortgagor's would have to give permission - which they won't and remember he has an IVA. Or is the transfer of equity just a document between him and me and thus removes my obligations if he defaults etc?

Annisele

I think you're going to need paid-for legal advice for this one.

Your options seem to boil down to: 1) sell the place; or 2) don't sell, he moves out, you move in, and he signs a transfer of equity as you describe (subject to you being accepted by the mortgage lender on your sole salary, and you being able to afford to buy him out).

If your ex won't entertain either of those options, you may well need a court order.

If you do nothing, and neither of you pays the mortgage, then the result will be that your credit rating is utterly trashed. The lender will eventually get around to repossessing, and if your ex doesn't have any money then the lender will come after you for the shortfall. Any agreement between you and your ex alone won't interest the lender; unless the lender agrees to release you from your obligations they can come after you. Worst case you end up bankrupt, but don't panic - you're a long way from that yet!

Nic2011

If he won't entertain selling the property because he wants to try and affect your credit rating with a repossession, you can go to court and get a force of sale order.

The courts will grant this 99.9% of the time I believe

dc61

OK, thanks for the above advice. I have suggested to him that he moves out and I take it all over (there is no equity as we only own 25% of the property). His response, "no way". He is just being as difficult as possible. I suspect he will continue paying the rent and mortgage because he would be stupid not to, especially as how, if he gets repossessed, he becomes intentionally homeless! He is now saying he won't agree to a divorce either! Grrrrr!

Anyway, I have started things moving by informing the mortgage company and the Housing Association of my correspondence address and the situation so far. I'm really stuck now because I just cannot afford legal fees, when I saw a solicitor recently for some advice regarding my divorce and current situation, I was charged £150 for what amounted to 30 minutes telling me what I already knew!

He has made various threats to tarnish/ruin my name/me both at work and financially - and this is a man who says he wants me back - or at the least to share the house with him! No way!

supermonkey

have you spoken to the housing association? They may be able to help? In fact do they not have strict requirements so you may have to ask them before doing any of this anyway.

swanny65

I would go to Court on your own. Your husband probably cant afford legal advice. This way you can both sit before the judge explain what you want and why. If your husband is being pig headed the judge should see this. Importantly the judge will make a decision and that way you will know where you stand.

I dealt with my own divorce, all be it 10 years ago, and it cost me less than you have just shelled out for legal advice.

Visit your local County Court (if the Government haven't closed it yet) and speak with someone who will tell you what you need do

dc61

Thanks for all this useful advice. I have priced up a d.i.y divorce and that's do-able but he says he won't sign so it's the long wait I think. I need to get some legal advice about the house. Likewise the comment about the Housing Association is very valid. I have informed them and the Mortgage Company of the situation today.

Thanks to all of you. D

reggie-perrin_2

your situation is very similar to ours but in reverse..

i am desperately trying to get the house signed over to my wife as i want my wife and kids to have the house and any profits from it in the future.

we have separated and decree nisi is done, trying now to settle the financial side before the absolute. the mortgage lender wont take my name off and wife doesnt earn enough to take on mortgage, though she has been paying the mortgage and bills etc by herself since the split.

i have never heard of the ''deed of liability'' but want to know how it works and if it suitable for me to keep my name on the mortgage but ensure that when the house is sold my wife gets all the profits from the house sale

superbabe612

dc61 wrote: »

Thanks for all this useful advice. I have priced up a d.i.y divorce and that's do-able but he says he won't sign so it's the long wait I think. I need to get some legal advice about the house. Likewise the comment about the Housing Association is very valid. I have informed them and the Mortgage Company of the situation today.

Thanks to all of you. D

Unless the rules have changed you don't have to wait 2 years if he won't agree to a divorce - you can divorce him on grounds on unreasonable behaviour without his agreement.

Does anybody else know any different?