Divorce & Mortgages

pollypip46

I have been divorced from my husband for nearly a year, and I am also on a joint mortgage. Since we split he has accrued over £15k of arrears on the mortgage and our building society have not supported me. I dont and never have paid onto the mortgage, it was in name only.
I am trying to be removed and its up to the building society discretion as they tell me, I have been trying to sort this since 2008. Now they are saying he can try to take control of the mortgage and if he can show he can make the payments they will remove me. We have already been to court for prepossessing the house, but the building society made agreements with him to pay £30 a month off the £15k arrears!!

Bottom line now is I am on a mortgage that I am struggling to get off he will not sell it, and I am now using threatening tactics relating to consent orders to try and push him to take control of the mortgage. He thinks as we are divorced, we are only linked by a mortgage so no big deal. He has another property that his parent live in, he remortgaged this in his name for his parents. He has a good job, good benefits pension plan etc, only problem for me is he is a nasty person and causes me hassle with the house.

Is there anything I can use with a consent order threat to use in my favour? we have no consent order in place and its never been mentioned he doesnt think this is an issues and that he can just live at the house and "one day" move or sell when he wishes.

I have told him that I have put my share of the house in a will and if anything happens to me as we dont have a consent order then my share will revert to my next of kin. I have just remarried but due to the debt my ex has put me in arrears etc, using my bank accounts basically taking everything I had, I cannot link myself to my new husband as I dont want him tarnished with my baggage.

I can't afford legal advise so I am trying to do this on my own, all I need is enough to make him push for control of the mortgage. If this takes many years down the line I have told him I will want a share of the monies - I actually dont want anything but its a way of pushing him
I have no access to the property, I have no key he has changed the locks, he also has at least two lodgers living there.

Can anybody offer me some good solid advise on what I can do.

Thanks
Polly

holly_hobby

I have told him that I have put my share of the house in a will and if anything happens to me as we dont have a consent order then my share will revert to my next of kin.

You must hold a tenants in common mortgage in order to bequest your denoted share in a will - if you have a traditional joint morgage, upon your death the ownership of the house will wholly revert to your ex and to you if he should pre-decease you.

I have no access to the property, I have no key he has changed the locks, he also has at least two lodgers living there.

If you are a mortgagor of the property, you retain full legal right to access, of which he can not restrict your access.


In order to let the property, your lenders consent has to be obtained, or the mortgage be transferred to a buy to let arrangement. (presuming you have not remortgaged to a BTL arrangement), and he hasn't obtained such consent from the residential lender, his actions have placed all mortgagors in breach of the mortgage T&Cs - which may result, upon the lenders discovery of unauthorised letting, in their demand for immediate remeption (repayment) of the mortgage (within a specified time scale) - which would mean either a remortgage to another lender, or sale of the property.


You say that he won't sell - well if you are a joint mortgagor, and he is being obstructive, you do have the legal right to pursue this through the courts, and seek a sale order. (a solicitor's services shall be required, and there will also be court fees incurred).

So you have 2 possible routes to the same destination ...

Obviously if you elect to tip the lender off, be v sure to advise of the acriminous background re changed locks etc, and that your discovery of his breach of terms is recent and without your involvement. Which is why of course you have now contacted them, to ensure their consent had been obtained by your ex as to the letting.

As whilst you may want to force his arm, you certainly don't want to put yourself in a precarious position with the lender as a resut of doing so !).

Hope this helps

Holly