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Getting a name taken off of a joint mortgage after a divorce?

I left my husband after irretrievable breakdown in June 2009, divorced (decree nisi) in September 2010. We have put in a change of parties application to our mortgage company which they refused - they won't accept his parents on the mortgage because they are too old I think they basically said - we have appealed, and re-appealed. The house is 150 miles away from myself and our children, and we live with my parents, my ex-husband rents it out and lives with his parents, and pays off the shortfall between the rent and the mortgage payment. We were in arrears when my children and I left (he had lost his job for the third time, and I had had enough) but since then he has pulled it out of arrears, and it has been kept up to date. I am a single parent, working a small part time job, and so wouldn't be any use if they 'chased' me for any money. I've told them this several times over. Does anyone have any ideas on what more I can do? It's a bit of a bind, as I'm not able to consider a mortgage with a new partner. My divorce solicitor told me there was no legal way of getting my name off of the mortgage, the company cannot be forced to do it. Oh, and there is negative equity in the property and so selling it is not an option. (Don't ask, I'm not telling on this one, because I don't need telling how stupid it is!!!) :) :) They do say you learn by mistakes, don't they.... Thanks

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Hi Thanks for your question! You are in a bit of a difficult situation, the only way lenders will usually remove a person off the mortgage is when it is affordable for the person staying on the mortgage to take the mortgage on their income alone. The only other option would be to convert it to a Buy to Let as he is renting the property out. The problem with this is if it is in negative equity you will will need to reduce the loan so it would have 20-25% equity in it. When you then change to a buy to let you can release your name of the mortgage and have it in his name alone. If this isnt feasable to do, then you don't have many options apart from selling the property to remove your name or putting someone else on the mortgage that will fit to their lending criteria. Good luck! Tim



I came across this question whilst searching for joint mortgage after divorce as my partner is in the position of your ex husband. So basically you took out a joint mortgage and then you just walked away from it leaving him to sort it? You say it was in arrears and he pulled it back, well all credit to him for doing that because it's saved YOU from a huge debt and from being blacklisted for credit for 6 years! The only way to sort it (both my partners situation and yours) is to sell the property, and if there's negative equity, accept the consequences and pay the debt, a JOINT mortgage is just that, JOINT responsibility, like it or not! You can't just walk away from it..



FAO Wii-fit, I am in exactly the same position as you except my ex partner and I were not married. We took out a joint mortgage in August 2006 and I left the property in February of this year...contrary to what other posters may think this is not a decision you take lightly as I'm sure you will agree..things have to be pretty bad to get to that stage. I paid the first months bills but have not paid a penny since - am paying off £6500 worth of credit card debt the majority of which was built up due to the fact that he kept walking out of jobs and he liked to use it as a cash card!!! We are in negative equity but not too much. He is dragging his feet in terms of getting my name removed from the mortgage, my view is the mortgage company have said no as his previous credit history is appalling. His is adamant on keeping the house and has not defaulted on the mortage. I would be interested to know how you're getting on with yours.



I'm going through the same! I left my ex (divorced) over 2 years ago and he still lives in the house and has maintained the mortgage and all other house costs himself. We decided then that we would sell the property at a later date once he sorted other arrangements out. I moved away and have not been in the property since. A year ago he moved his partner in. The mortgage company will not remove me from the joint mortgage as my salary is 70% higher than his (and his partner won't be considered) The only option is to sell and divide the negative equity but he is obstructive in this decision. What to do next? Legal action? My mortgage company advised me to sign a transfer of equity but I don't want the house and he wants to stay! This is a nightmare.



Something MUST be done to make Building Societies have an obligation to solve this sort of problem to suit ALL PARTIES when there is a breakdown or marriage or partnerships. DUTY OF CARE - who is upholding this! What makes my blood boil is how they keep advertising 'HOW THEY CARE'! - wht a load of utter LIES! I have an amicable situation with my ex husband but its the Building Society that is causing the problems by keeping us TRAPPED in a situation over a fixed 5 year rate interest only deal. The building society is our jailer and there is no way out in spite of both sides being innocent. I have proven that I can manage the mortgage and the building society will not do the transfer of equity to release my husband from the contract. If I pay the £4500 to get out of it none else will be prepared to lend me the money as I had no choice but to become a CARER for a relative and of course I am a single parent - in spite of the fact that I can prove I will have an income from inheritance very shortly. They forget WE ARE THE CUSTOMER ...They have made our family life HELL because they will not treat our situation individually. We have been placed in a box and they have thrown away the KEY - so I am in JAIL for another year tied to something I should have been able to get out of 4 years ago. It is a total DISGRACE that this sort of behaviour by well known building societies should not be tolerated by anyone - What can we do about it?



I could really do with some advice around removing my name from the family home and transferring equity just to my husband. We are going through separation, we have another rental property and he has told me to take the flat whilst he stays in the house. with the equity being the same i have no intention of going through a battle through the courts on this one. Problem is i earn sufficient to be on a mortgage alone, whereas my husband does not earn enough to have mortgage alone, so i am stuck with my name on the deeds unless sold and no he wont play a fair game and wont sell. a respondent earlier on talked about joint responsibility for life!!! sorry but life aint like that. My husband has had several extra marital relationships and started other families, are you saying i need to stay put and shut up!! Please advise anyway.