Can someone turn the light on at the end of the tunnel?

Cathy64

Many thanks will try them both.

I think I am being a bit thick here but how can I apply for a new mortgage and pay off the old mortgage if I still have his name on the deeds. Would the new mortgage lender (if I manage to find one) raise the appropriate paperwork if instructed to do so to change the deeds at the same time as agreeing the mortgage? Surely the Bank will not agree to let me pay it off if his name is still on the joint mortgage.

Many thanks

[Deleted User]

Cathy64 wrote: »

Many thanks

The children are all in full-time education 18, 16 and 11. He only has contact with the youngest when it suits him.

I am waiting for the Solicitor to ring me back regarding Legal Aid as I only thought this was for use for people out of work and that Legal Aid only covered Court costs.

If the Bank is not in agreement I will just have to look at other lenders. The Solicitor said that they could draw up a contract stating that my husband has no claim on the property once the mortgage is paid but I wanted to take over the mortgage to enable me to consolidate all my debts and be debt free with just the mortgage to pay which would make life a lot easier. If unable to do this then would be struggling for the remainder of the term and I don't want to be penny pinching anymore.

I will have a look on internet for the paperwork.

Many thanks again.

Legal aid may cover all or a proportion of your costs, you don't have to be out of work or totally dependent on benefits. It will cover some people on low incomes.

PLEASE see an advisor from CAB re. legal aid ASAP as L.A. is being withdrawn very soon for divorce cases. If you can start the process ASAP you will be covered if you qualify for L.A.

Alternatively a decent solicitor will be able to advise you re. L.A. but you must take with you all proofs of income (earnings, tax credits etc etc)

Cathy64

Many thanks I think I should have sought advise first through CAB. A job for next week.

FBaby

The reality is that the banks have strict criteria and they will stick to them. When I approached my bank to take my ex off the mortgage, I only just managed it by a couple of £100 a year just because I had received an increment the month before!

You do need to focus on getting your ex off the mortgage and therefore need to increase your income or sell the place, there is no two ways about it. Your youngest is 11, so couldn't they be at home for a couple of hours after school with your 14 yo allowing you to increase your hours? You might not want to, but you need to prioritise what is more important and having been there, I would say that gaining financial independence from your ex should be your priority.

vanillafudge

hi, this seems really confusing. did you speak to solicitor re divorce? if you don't want to divorce then i guess that is the crippling thing on moving the mortgage into your name. your husband would need to agree to his name coming off the deeds and obviously he owns a proportion of it so is reluctant to just sign it over.
i can only speak for myself, but for me there came a time when i needed to get to a point where i knew where I stood, financially, legally etc. I had to sort it for my own peace of mind and to save me from going insane with worry. I'm really disappointed and upset my marriage hasn't lasted but making that decision to divorce was empowering. For me it took a huge weight from my shoulders. Not knowing what you can call your own is soul destroying and holds you back.
It's a hard decision. For me it was made easier cos my husband wanted to buy house with his lover so I had to sort out releasing marital assets. Perhaps you hope you will reconcile I don't know, but if that's not on your wish list, then you need to sort out your finances. You can't pay a mortgage and let your husband take half the house when the kids have left. Protect yourself and your future. I feel for you and send best wishes

vanillafudge

Cathy64

Hello again

I went to see the Solicitor who just told me what I already knew. The divorce and signing the house over would cost approx. £2,000 through the solicitor. As I don't have this money, I thought the best option would be to remortgage and at the same time raise the paperwork to take his name off the deeds (obviously with his agreement). Then divorce him after the house is sorted out - would be a cheaper option, easier and quicker as been split for over 5 years and would just be a paper exercise.

All my finances are my own, I pay for the children, the house and all the bills - I just want to have peace of mind that when the mortgage is paid I will have the house and that I have not just been paying it for the last 10 years for nothing.

I just feel I can't help myself with my debts until I remove him from the mortgage - I cannot apply for a loan to consolidate my debts as I need his permission first.

Now I have just found out (with sorting out all my paperwork) that he is still running a joint account we had which he told me he had closed - the Solicitor said to contact the bank to get my name removed as he could run up debts on this account by applying for loans, etc. when I questioned the Solicitor how this could happen without the other person's consent they said yes it could happen as both are liable but why doesn't this happen with the mortgage? If I wanted to take out a loan I can't without his permission but he can against this account!!!!

The more I think about my marriage the first things that come to mind is why did I do it and the second is why didn't I leave earlier.

Oh well a quick blast of my favourite band always makes me feel better.

Many thanks for your valued comments.

RAS

Hi

You need two things

1. The divorce. That you can DIY at a cost of £380. It is to your advantage to do this ASAP. Right now he could inherit everything if you pop your clogs and he will definately inherit the house.

2. The financial settlement. That is the bit that ensures that having paid off the mortgage, you get to keep it. it is to his advantage to let the amount of equity in the house increase as much as possible and reduce the number of dependent children as much as possible. So the sooner you sort this out the better.

I would suggest having a look at wikidivorce.

Cathy64

Hello just a quick update.

I have just managed to scrape through by a matter of pence to be entitled to Legal Aid, I have a solicitor to act for me and they are in the process of writing to my husband to let him know that he is being divorced. As I am requesting a clean break and no financial support from him the solicitor seemed to think that this was to be decided by the Courts and it would be up to them to assess whether or not the children were provided for.

I am waiting for a telephone call from an independent financial adviser to discuss the best way to go forward regarding the house as this is a separate issue and cannot be dealt with via the divorce.

I feel so positive about everything at the moment and cannot wait for it all to be sorted out.

The only draw back will be the drunken telephone calls I shall be receiving in the middle of the night once he has his letter.

Thanks for all your help will let you know how it all ends.

Cathy64

Hello Everyone

I would just like to say a big thank you to everyone who has encouraged and given such excellence advice. I can say there is light at the end of the tunnel as I can now see it and it is getting brighter everyday.

I went back to the Bank regarding my Mortgage and they said they would let me have the original mortgage (at the original rate of 1.2%) plus run another mortgage alongside to clear off all my debts. I have now divorced my husband (quite easy as we have been separated for 5 years) and removed his name from the deeds of the house. I was entitled to Legal Aid for the divorce and paid for the solicitor and extra mortgage myself - but well worth the money. It is going to be a struggle for the next 2 1/2 years but then the original mortgage will be paid off and I will only be paying a small amount for the extra mortgage taken out.

I will be mortgage free in approximately 4 years!!!

I have and will continue to recommend this Forum to anyone who needs support and advice.

Once again many thanks for all your advice.
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chevalier

That is a great result. Am really pleased for you. Well done for being proactive and getting it sorted.
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