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Adding my name to a mortgage
flossie1968
Posts: 29 Forumite
Hi
I don't know if anybody out there can help me but I would be grateful for any advice!!
I have lived at a property for the last six years after my husband bought the property with mine and my father's help in 2007.
The property was bought for £250,000 with a £157,000 mortgage and the rest coming from a cash deposit, made up of money from my father and cash from the sale of property which I owned.
For some reason at the time we decided not to put my name on the mortgage (probably as I couldn't get a mortgage because of bad credit rating) but agreed it would be in my husband's name.
We paid the mortgage from a joint bank account and I should also point out at this time that my husband applied for a second mortgage of £10,000 on the property without my knowledge but that is not the issue here.
We moved in with our two young children, who are now 13 and nine respectively.
Last year, on July 29 2012, after ten years together and two years marriage, he annouced he was leaving me, that our marriage was over and he no longer loved me swearing there was nobody else involved.
Of course, there was another woman, which I discovered two weeks later, and promptly threw him out along with all his belongings, took the key of him and told him to sling his hook.
Since then I have remained in the house, paid the mortgage every month without fail and am managing to keep a roof over mine and my two children's heads.
Now we are in the final throes of divorce and obviously the question of the property has come up. My husband is happy to sign the house over to me and obviously can sign a deed of trust/ consent order to this effect. I am also going to sign something to say I will make every endeavour to get his name removed from the mortgage in the not too distant future.
But, and this is where the problem lies, I am unable to get my name added to the mortgage because a) I have a bad credit report and b) on my wages I couldn't get a mortgage on a small garden shed.
I spoke to a lovely gent at the mortgage company the Halifax who sympathised with me but pointed out that it is done on computer approval/ credit checks etc, and if the computer says no, the answer is no. There is no appeal process and the days of bank managers agreeing something because they knew you were a trustworthy soul are long gone.
Despite the fact that with my name on the mortgage, it reduces the element of risk to the Halifax, it's just not possible - beause the computer says no.
So, where does that leave me? I have obviously regsitered a charge with the Land Registry on my solicitor's advice and rathert unfortunately there is no evidence of a deed of occupation for myself and unsurprisingly it cannot be done now - because the computer says no.....
I will continue paying the mortgage. I have no intention of defaulting on the mortgage. I have worked far too hard to go down that road and I wasn't brought up in a world of repossessions although admittedly I have had some credit issues which I am now addressing. I have a debt management plan with Stepchange (again, all down to the husband's irresponsible spending) but I am managing it well.
Any advice you could give me would be much appreciated. The crux is that at present I am unable to get my name added to the mortgage.
PS. It probably doesn't help that we had a joint account with the Halifax that he ran up a £2,500 overdraft on which remains unpaid and with a debt recovery agency. As the account is in both our names, I pay £45 a month to pay this debt off and he pays £5. I rest my case.
I don't know if anybody out there can help me but I would be grateful for any advice!!
I have lived at a property for the last six years after my husband bought the property with mine and my father's help in 2007.
The property was bought for £250,000 with a £157,000 mortgage and the rest coming from a cash deposit, made up of money from my father and cash from the sale of property which I owned.
For some reason at the time we decided not to put my name on the mortgage (probably as I couldn't get a mortgage because of bad credit rating) but agreed it would be in my husband's name.
We paid the mortgage from a joint bank account and I should also point out at this time that my husband applied for a second mortgage of £10,000 on the property without my knowledge but that is not the issue here.
We moved in with our two young children, who are now 13 and nine respectively.
Last year, on July 29 2012, after ten years together and two years marriage, he annouced he was leaving me, that our marriage was over and he no longer loved me swearing there was nobody else involved.
Of course, there was another woman, which I discovered two weeks later, and promptly threw him out along with all his belongings, took the key of him and told him to sling his hook.
Since then I have remained in the house, paid the mortgage every month without fail and am managing to keep a roof over mine and my two children's heads.
Now we are in the final throes of divorce and obviously the question of the property has come up. My husband is happy to sign the house over to me and obviously can sign a deed of trust/ consent order to this effect. I am also going to sign something to say I will make every endeavour to get his name removed from the mortgage in the not too distant future.
But, and this is where the problem lies, I am unable to get my name added to the mortgage because a) I have a bad credit report and b) on my wages I couldn't get a mortgage on a small garden shed.
I spoke to a lovely gent at the mortgage company the Halifax who sympathised with me but pointed out that it is done on computer approval/ credit checks etc, and if the computer says no, the answer is no. There is no appeal process and the days of bank managers agreeing something because they knew you were a trustworthy soul are long gone.
Despite the fact that with my name on the mortgage, it reduces the element of risk to the Halifax, it's just not possible - beause the computer says no.
So, where does that leave me? I have obviously regsitered a charge with the Land Registry on my solicitor's advice and rathert unfortunately there is no evidence of a deed of occupation for myself and unsurprisingly it cannot be done now - because the computer says no.....
I will continue paying the mortgage. I have no intention of defaulting on the mortgage. I have worked far too hard to go down that road and I wasn't brought up in a world of repossessions although admittedly I have had some credit issues which I am now addressing. I have a debt management plan with Stepchange (again, all down to the husband's irresponsible spending) but I am managing it well.
Any advice you could give me would be much appreciated. The crux is that at present I am unable to get my name added to the mortgage.
PS. It probably doesn't help that we had a joint account with the Halifax that he ran up a £2,500 overdraft on which remains unpaid and with a debt recovery agency. As the account is in both our names, I pay £45 a month to pay this debt off and he pays £5. I rest my case.
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Comments
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Nothing to suggest, sorry.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0
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Edited version.flossie1968 wrote: »....Now we are in the final throes of divorce and obviously the question of the property has come up. My husband is happy to sign the house over to me and obviously can sign a deed of trust/ consent order to this effect. I am also going to sign something to say I will make every endeavour to get his name removed from the mortgage in the not too distant future.
But, and this is where the problem lies, I am unable to get my name added to the mortgage because a) I have a bad credit report and b) on my wages I couldn't get a mortgage on a small garden shed.....
Nothing much that can be done other than to continue paying the mortgage, until such time as you can find a lender that is willing to release your ex from his liability.0 -
Is the mortgage on an interest only basis?0
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