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Divorced and trying to get off the mortgage

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Hi,

I am looking for some guidance or advice from anyone that has been in a similar or the same situation as myself. I am being told many conflicting things from mortgage providers.
I divorced my wife a few years ago and left the family home where she still lives with my two children. We made a non legal agreement that I would continue ti pay the mortgage for a year after a moving out but at this point she was to take over the full mortgage payments. This was fine for the first year but for the last 18 months she has fallen into arrears with the property and the account is now over 7k in debt. She has been put on various payment arrangements and the Halifax are fully aware that I am no longer living in the property and agreeing these payment arrangements with her directly. I am desperate to get off this mortgage and despite numerous phone calls to Halifax, I am being told different things but mainly that the process needs to be instigated by my ex wife. She has apparently contacted them as she is keen for me to get off the mortgage also but does not seem to be getting anywhere. Has anyone else been through this with Halifax or know of their criteria so that she can take the mortgage on by herself, bearing in mind that she will need to go through affordability and there are existing arrears on the property.

Any information would be appreciated.
Thanks
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Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    There is no chance in the circumstances you describe.
    I am not a cat (But my friend is)
  • jaybeetoo
    jaybeetoo Posts: 1,364 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sell the house if you want to get off the mortgage.
  • kcv684
    kcv684 Posts: 11 Forumite
    Third Anniversary
    I would love to do that however, she is refusing to sell the house.
  • jaybeetoo
    jaybeetoo Posts: 1,364 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 12 June 2018 at 10:53PM
    Are there children involved?

    If not, go and see a solicitor and see if you can get a court to order the sale of the house. If you carry on as you are, Halifax will get to the point of repossessing the house and come after you both for any shortfall. Better for you both to sell voluntarily rather than having it repossessed.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kcv684 wrote: »
    I would love to do that however, she is refusing to sell the house.

    Then you need to come to a legally binding agreement in order to separate your financial affairs.
  • Do we know why the ex-wife paid the mortgage for the first year but then fell into arrears? Was there a change of financial (or other) circumstances?
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    you need legal advice, you can't trust anyone else other than yourself generally. Get a legally binding agreement, but if there are children involved you may be forced to keep the house until a particular time
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • ACG
    ACG Posts: 24,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    As above, you need to speak to a solicitor.
    But regardless of what you agreed with the ex, Halifax may still come after you for any outstanding amounts if/when it gets repossessed. Your credit report is going to be a bit of a mess now also I am guessing.

    This will effect you if you end up applying for a mortgage yourself in the future so the sooner you can get this sorted the better.
    I am a Mortgage Adviser
    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.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    You could consider making up the arrears as part of a clean break.
    In any case you need to see a solicitor.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    AnotherJoe wrote: »
    You could consider making up the arrears as part of a clean break.
    In any case you need to see a solicitor.

    But can you get a clean break from the lender?
    Agree about a solicitor
    I am not a cat (But my friend is)
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