Divorce - forced to stay on mortgage

Savvyjevvy

Hi,

I have just been to court for a final divorce hearing and my ex has been awarded the property - so the deeds will be transferred into her name.
She doesnt work as shes been off since we split and then lost her job so she cannot get a mortgage - so i have to stay on the mortgage.

No time frame was set for this - this is what the judge has ordered.

I wanted to sell and split however we could agree - but she couldnt, she was determined that she didnt want to lose the home.

I do understand, but I have lost MY home, and have to start again. I do have a job, a very normal average wage. I have made various offers to settle without courts - such as selling and her having full equity share which is a good amount - any offers were declined by her so we went to court.

At teh firt hearing the judge said it had to be sold and split - giving her a little extra as she has no income, so we had to go away and agree to an amount - she wouldnt because she wouldnt agree to the sale.

I thought the final hearing would follow on from that - and then the judge just decided on percentage and amounts - but its completely different outcome now.

I had a mortgage in principle to buy the property, and pay her her share awarded. The court postponed the original final hearing for 4 months, and that meant my offer expired and due to new regulations I cannot get required amount now on the mortgage - sad times.

I have paid all the fees because she has no income, and now have been told that I am tied to the mortgage until she can find a way to release me. she has no financial backing, no income, off work for two years now - while ive had to rent, pay for the property as well for the first 12 months...

I am at my wits end, i dont know what to do - i cant be tied to a mortgage for 15 more years when I have no financial right to it when and if it is ever sold!?

Help please! Can I appeal the decision!? can i ask for her to be given a time scale to release me and then force a sale if she cannot?!?! it seems unreasonable to leave me hanging.

We have no children and were married for 6 years.

thank you!!!:( i have posted this in a couple of places on here now to get a wider view thanks

Johnnytwostep

I would just stop paying the mortgage and see where that gets her!!

sinizterguy

Move back in, as you cannot afford to pay another rent.

She might then change her mind quite quickly.

Savvyjevvy

the court has ruled it is just to be in her name on the deeds so i cant move back in now

i dont pay anymore she has to - but she only has a little savings and no income so it wont last and i worry it will be repossessed - i dont want that on my credit - is there anything i can do!?

Daisymoocow

wow, I have no experience on this and unfortunately can offer no advice. But I just wanted to say how ridiculously one sided this appears to be - im baffled as to how anyone could rule that settlement as 'fair'. I really feel for you.

Thrugelmir

Do you have children?

Paully232000

OP said has no children.
cant offer any advice other than to say this does sound unfair on the face of it, especially as the court must have been aware of her means at the time of judgement.

ACG

Go and speak to a solicitor, this needs to go back to court.

I could understand to some degree if she had a way o supporting herself and the mortgage but she does not. So that means your credit report has the potential and is very likely to be dragged through the mud at some point.

Do you have legal support on an insurance policy anywhere or through work? That can be a good place to get started free of charge.

I would say when it goes to court you need to br prepared to fight it and not just assume the judge will see common sense (having been to court on a couple of occasions I have known judges to just back with whoever shouts the loudest whether they are in the right or not).

On a side note, are the deeds still in joint names? Until they are not, you are still the legal owner so I would go and sit in that house and drag your feet filling out the paperwork.

Also make sure Natwest have your contact details incase any direct debits are missed/bounced - atleast you can attempt to pay them if your aware of any arrears. I also wouldnt tell the ex that you are concerned about credit report as that could give them the upper hand.

Thrugelmir

Paully232000 wrote: »

OP said has no children.
cant offer any advice other than to say this does sound unfair on the face of it, especially as the court must have been aware of her means at the time of judgement.

Thanks missed that.

quidsy

I'm not sure the mortgage provider will consent to the deed being changed to a single name whilst you are still on the mortgage. Have you spoken to them about it?

TBagpuss

The court has no power to order the mortgage lender to take your name off the mortgage.

It may be worth your while to speak to a solicitor - did you have any legal advice at or before the hearing.

It would be unusual for a court to make an order in these terms unless the judge felt that she was likely to be able to pay the mortgage - what did she say in court? It may be that the Judge took the view that she was likely to get a job and that she will be able to pay the mortgage.

Were there any other assets? on what you say, she got the house. What did you get? Pension? Higher income?

You can only take this back to court to change the order if you can show that the the Judge either:
1. Made a mistake about the law. (Unlikely, a court has wide discretiton in a financial settlement on divorce and an order transfverring beneficial ownership of a property but leaving the non-owning property on a mortgage is not particularly unusual) OR
2. Made a mistake about the facts.
In either case you also have to show that the outcome would have been substantially different iof the court had not made that error.

You also need to look at the wording of the order. What does it say about the mortgage? Does it say that she is responsible for mortgage payments and that she must indemnify you in relation to them?

if it doesn't, then it may be possible for you to refer back to the court for guidance on the interpretation of the order.

Your best bet at this point is to speak to a solicitor, taking a copy of the order with you (and, of possible, the summaries from your Forms E showing what your financial positions were.

If ou have, take a copy of the Judgment, as the Judge will have explained his or her reasoning for making the order. Did you take notes? Do you remember what the Judge said?