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stuck in a mortgage

need help i am in a mortgage with my ex wife we remortgaged a few years ago and bought a shop fixtures and fittings we dont own the building it is i want to keep the house her the shop how do i get out of this if she wont sell the shop i can pay house mortgage but not shops advanced loan on house if she stops paying i loose my home can i mortgage my house on my own and for her to take the loan on its own

Comments

  • mrginge
    mrginge Posts: 4,843 Forumite
    Yeah but no but yeah
  • _Andy_
    _Andy_ Posts: 11,150 Forumite
    need help i am in a mortgage with my ex wife we remortgaged a few years ago and bought a shop fixtures and fittings we dont own the building it is i want to keep the house her the shop how do i get out of this if she wont sell the shop i can pay house mortgage but not shops advanced loan on house if she stops paying i loose my home can i mortgage my house on my own and for her to take the loan on its own

    Not saying this with the intention of being rude, but can you rephrase that so it makes sense? It's just one long sentence at the moment.
  • So you have a house and a mortgage one the house you can afford that mortgage you're staying in the house whilst your wife is leaving.

    After this you and your wife bought a load of shop fixtures and secured the loan against the house, using the house as collateral.

    Or you took a second mortgage on the house to pay for fixtures and fittings...



    Either way, basically is the question. How do I force my wife to pay off the debt secured against the house?

    You really need to talk to a solicitor, even if it's an amicable split you might decide what you want to happen but not know how to sort it legally.
    A solicitor should be able to divide your assets. In a legal sense.

    When things are finalised you should both be in the same position no one better off than the other, unless one of you brought significantly more to the marriage...

    When my dad divirced my mum he said that the half hour he spent talking to a solicitor at the start of the process was the best money he ever spent.

    Get a good solicitor when your divorce is finalised either your wife's business won't be secured against your house. Or everything will have changed. Certainly after the divorce your ex not paying her bills won't affect your living situation.
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