changing name on the house deed

sanova76 · 20 September 2018 at 7:34AM

Hi,

I'm in a bit complicated situation here. I know I should seek legal advice which I will.

I'm getting a divorce. We have a joint mortgage together, house in both our name. My soon to be ex agrees to hand over the house to my sole name but he wants some lump sum which I don't have. I also have been paying it myself for the last 5 years.

There's still about £81000 left on the mortgage.

I've done some research and changing the name will incur some cost. My concern is, will the lender (bank) let me carry on paying it and change the name? I can afford to pay it. Can my ex force me to sell the house? We have a little one and I would like to carry on living in the house. If we sell the house I know I won't be able to get another mortgage due to my income. Rent these days are almost the same as mortgage! Since the house in both our name, will he be able to sell/put the house on the market without my consent?

Thanks.

San

Caz3121 · 20 September 2018 at 8:16AM

Is your ex happy to stay on the mortgage?

sanova76 · 20 September 2018 at 9:18AM

We haven't really discussed about that but I assumed no because he'll be liable in case I'm unable to pay and he's trying to avoid that!

AnotherJoe · 20 September 2018 at 9:35AM

There's a difference between "can afford to pay the mortgage" and "mortgage co will give me a mortgage". And you've said you don't want to sell because you wouldn't be able to get another mortage.

Also, you have a child which will make a difference as to what the court will order. There are many possibilities such as you stay as is until child is 18 so ex is stuck with being on mortage until then or ex may give up equity now in exchange for not being on mortage.these and other options need to be explored discussed and agreed

You said it yourself, you need need legal advice.

Ps to answer your last Q your ex cannot sell without your agreement any more than you can sell without his. The only time that would happen is via him getting a court order. Again, this points back to, get legal advice.

Thrugelmir · 20 September 2018 at 12:26PM

sanova76 wrote: »

I'm in a bit complicated situation here. I know I should seek legal advice which I will.

Your situation is far from complicated. As is a daily occurence. Seek legal advice from a family solicitor. As there's no reason to get overly concerned.

peter12345678910 · 20 September 2018 at 8:51PM

You cannot sell the property without his permission, nor can you make any changes to the mortgage except the amount you pay. But if payments are not paid depending on the mortgage contract the lender may go after him or both of you.

All a solicitor will do is a send a fancy letter with a stamp and charge you between 100 and 150.

Thrugelmir · 20 September 2018 at 9:07PM

peter12345678910 wrote: »

All a solicitor will do is a send a fancy letter with a stamp and charge you between 100 and 150.

Solicitor will guide their client towards having a financial consent order drawn up. Part of the divorce process. Far from being a fancy letter. More of a binding legal agreement.

sanova76 · 26 September 2018 at 9:08AM

Hi,

Questions about financial consent order.

Ex is asking for 30K. He's willing to take £10K now and 20K when the house sells (not sure when!) and won't ask for any more money. He also willing to keep his name on the mortgage as long as the lender won't after him in case I miss payment.

Is this something that can be put in the financial consent order? What if I'll never sell the house or he dies before I sell the house? He'll never get that 20K? I assume if he changes his mind after the consent order in place, he'll need to take me to court? ie. he wants 50% of the house sale instead of the remaining 20K.

Thanks

TonyMMM · 26 September 2018 at 9:22AM

sanova76 wrote: »

He also willing to keep his name on the mortgage as long as the lender won't after him in case I miss payment.

That isn't something you are in any position to agree - if his name is on the mortgage he is jointly liable for paying it and they will certainly go after him if you don't pay.

Have you (or he) taken professional advice on drawing up this order or are you diy'ing it ?

sanova76 · 26 September 2018 at 9:34AM

I've a 30m free consultation and the solicitor say it's something can be done/included in the consent order.

AnotherJoe · 26 September 2018 at 9:53AM

What cant be put in the consent order is "He also willing to keep his name on the mortgage as long as the lender won't after him in case I miss payment." Thats not going to fly, the lender would need to agree to that and they wouldnt, its the same as just having you with your own mortgage which you've said you cant get.

One possibility, when child is 18 house is sold he gets his money (or by / before then you can buy him out), until then you are both stuck on the mortgage.

The alternative, which would take a court order, is he insists you downsize, to a hosue you could get a mortgage on and he then gets his equity now.

Could you get a smaller mortgage? Is downsizing realistic? Or even if you dont think so, if you are in a much bigger house now than your circumstances warrant, a court would likely rule it is.

changing name on the house deed

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