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Divorce and mortgage

2

Comments

  • That's brilliant thank you.
    So I think the way forward is to get to the solicitors asap and then speak to the mortgage people, before he goes on his travels.
  • He wants his name off everything. He just wants to be free to get on with his life on the road :) although if taking his name off the mortgage would be a problem then I think he'd be happy to leave it as is, I'd feel happier if his name was off but also if not possible then so be it
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Leaving his name as is. Merely stores up trouble in the future.
  • What sort of trouble? What do you mean?
    I'm sorry I don't understand, this is all new to me :(
  • timbo58
    timbo58 Posts: 1,164 Forumite
    It means that your ex could still claim the property as jointly his at a later stage and/or he would still be liable jointly for any debt outstanding on it, unless his name were removed from the mortgage.
    Unless specifically stated all posts by me are my own considered opinion.
    If you don't like my opinion feel free to respond with your own.
  • Annisele
    Annisele Posts: 4,835 Forumite
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    I'd probably see a mortgage broker before I saw a solicitor.

    If the mortgage is at a ridiculously high interest rate, that suggests possible past credit issues. If you and your new partner take all three of your credit reports to a broker (see here for how to get them), plus details of your earnings and savings, the broker will be able to give you a decent idea of whether it's possible.

    The solicitor will be able to tell you how the transfer of equity process works (broker can probably do that too), but the solicitor is unlikely to be able to tell you whether you'll actually be able to get a mortgage.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Bilisa1309 wrote: »
    What sort of trouble? What do you mean?
    I'm sorry I don't understand, this is all new to me :(

    Your ex could claim a % of the house at a later date. As long as your ex remains on the deeds they remain a legal owner of the property.
  • Ok I see, I think. So even if he were taken off the deeds, he would still have a claim on the house at a later date? Just because he is still on the mortgage.
    Gosh it's not easy is it!
    Thanks tho
  • chirpchirp
    chirpchirp Posts: 1,983 Forumite
    Part of the Furniture Combo Breaker
    Bilisa1309 wrote: »
    Ok I see, I think. So even if he were taken off the deeds, he would still have a claim on the house at a later date? Just because he is still on the mortgage.
    Gosh it's not easy is it!
    Thanks tho

    No he wouldn't! Or at least I hope not. I have a deed which transfers everything to me but ex is still on mortgage but I pay all of it.

    I have been through this and my solicitor sorted it so that my ex has no claim on the property, I do however also have a court order which states that the house was to be transferred to me. I then moved but ex stayed on the mortgage so the kids still had a home at this point I sorted the deed of transfer so the property all belongs to me.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bilisa1309 wrote: »
    Ok I see, I think. So even if he were taken off the deeds, he would still have a claim on the house at a later date? Just because he is still on the mortgage.
    Gosh it's not easy is it!
    Thanks tho

    Your ex won't agree to coming off the deeds but remain on the mortgage.
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