Divorce Joing Mortgage

Dave34

Hi,

My wife has left me after 7 years of marriage and wants nothing more to do with me or the house. The house was purchased 3 years ago under a shared equity scheme and we have to pay 20k back in 3 years. I have just started my own company and the banks won't lend me the money on my current income. Is it possible for us to have a divorce and for her to sign a consent order saying that she will transfer the deeds to my name and will not force the sale of the house at any point?

She is 100% willing to do this and wants no payment for it. In 4 years time I am hoping my business will be making enough to convince the banks to lend me the money and if not my sister will come on to the mortgage with me. My sister want's her own property first before she applies for a mortgage with me and that may take her a few years.

My wife has moved out and is now living with her new partner, she took our son 3 year old son so I am not even going to go into that. I just want to protect my home so she can never force me to sell it. I have been paying the mortgage for the last 3 years, from the day we purchased it and I can continue to pay it with help from family.



Any help would be great

BitterAndTwisted

Speak to a solicitor and then to your lender. Not all shared-equity schemes are the same, so it would be difficult to give an opinion.

But as I see it, if you cannot raise a new mortgage it will not be possible to transfer the deeds in your sole name until you can.

Rottensocks

..additionally, in divorce, consent orders aren't just stamped by a judge: even if you and your wife both agree, a judge may reject it if he feels that one or the other is getting a rough deal.

I would go and get legal advice, because you need arrangements for your son to be firmly agreed as well. Seeing a lawyer doesn't mean you need to drag her butt through court: it can all be done amicably, but still, its best if you know where you stand.