Being "added" to mortgage - rights in separation and potential prison

Deben

Hi.

I'll try to keep this as factual as possible as it's a complex situation and I'd appreciate some advice as to how to proceed.

My husband and I have recently separated. We have a son together and have agreed that my son and I should remain in the family home. Things are amicable and our priority is providing a secure home for our son.

The situation is complicated as my husband is facing criminal charges which could result in imprisonment or at the very least job loss in approx 6 months time so I will need to take over paying the mortgage and rent.

- Shared ownership home, mortgage on 50% share

- property purchased after marriage, but mortgage is in my husband's name only as I wasn't working when it was bought and the mortgage advisor said that if it was a joint application with my £0 income we wouldn't be allowed to borrow enough .

- I'm not sure if my name is on the deeds and not sure how to find out . I believe it's only my husband on the title deeds as the mortgage is in his name.

- 4 years into a 5 year fixed rate mortgage with Nationwide.

- I am self employed but with only a year of tax returns , which doesn't demonstrate my now higher earnings. I will need to claim universal credit when I take over paying the bills. I will be able to afford combined mortgage and rent payments (thanks to a history of overpayments meaning I can pay a lower monthly amount)

- my husband's current income is now significantly higher than when he took the mortgage, and we also have nearly 50% equity of our share of the house.

Questions
1. Should I be looking at being "put on" the mortgage so I can take over paying the mortgage and secure the right for my son and I to remain here?
2. Assuming my husband's salary is now high enough , will Nationwide be able to use just his income to assess affordability of adding me to the mortgage? As my self employed income isn't demonstrable over a long enough period of time.
3. As I am not likely to be on the deeds, can I get added to these too?
4. As this is a complicated situation, what's the best place to seek specialist advice? I don't think it would be wise to tell the bank the full situation at the moment and we are locked in to staying with Nationwide for 4 more years.

Thanks for reading if you got this far!

Deben

I should also mention that we are in England as I think land registry stuff is different in Scotland

gj373

I really think you should be speaking in person to a solicitor rather than taking advice on this forum.

Mojisola

Deben wrote: »

- I'm not sure if my name is on the deeds and not sure how to find out.

Find out here -
https://search-property-information.service.gov.uk/

JimmyTheWig

Deben wrote: »

- 4 years into a 5 year fixed rate mortgage with Nationwide.
...
we are locked in to staying with Nationwide for 4 more years.

"4 years into a 5 year fixed rate" suggests to me that you are locked in for 1 more year. Is this the case?

Deben

My apologies, I "lost" this thread. Thank you for the replies.

@JimmyTheWig , I mistyped. We are 1 year into a 5 year fix, so any ERC would be 4%.

Mojisola, thankyou for the link. I will check and confirm that the deeds are only in my husband's name.

Gj373, yes I think I'll need to but not sure what type of solicitor , Divorce solicitor? Property solicitor? I just wanted to do some fact gathering and thinking first.

Deben

Update for future searchers:

I spoke to Shelter who were really helpful.
As long as my husband and I remain married , I am legally allowed to take over paying for the mortgage should he end up without income or in jail. So if I am not able to be added to the mortgage at this point, my son and I can remain in the home. From the rent aspect with the housing association we are also able to remain in the home as my son and I are already listed as tenants. What a relief!

We have booked an appointment with Nationwide to try to get me added to the mortgage and see what happens.