Follow this topic Q&A » Mortgages

Joint Mortgage after Divorce

by Rowmon 23 August 2012 |

8 comments | Love

Love 0 loves

Im divorced and living in the marital home with my children. My ex doesn't pay a penny towards anything, nothing, doesn't buy anything doesnt contribute anything to the upkeep of his 4 children, aged between 5 and 18. I haven't applied for maintenance, just want him to sign the house over, he never really paid the mortgage while we were married and definately hasn't paid it for the last 2 years since we officially split. It was my home that helped buy this one and I pay the mortgage now. If he was a tenant he would be evicted by now, is he entitled to anything including accessing the house, especially as he doesn't pay maintenance.

Report

Enjoyed this? Show it some love

Retweet

Comments (8)

Facebook

Twitter

General

Comments (8)

881

MikeGG1 posted
You say that it was a joint mortgage and imply that the house was in joint names. Can you confirm that please?

Was the house bought as 'Joint Tenants' or as 'Tenants in Common'? If it was the latter then was it 50/50 or a different % and was there a 'Declaration of Trust' which specified what should happen on a split?

This should have been sorted out through your solicitor when you divorced. Was there a reason at the time why it wasn't?

Mike
Posted on 23 August 2012 | Love 1 love Report
0

Rowmon posted
Although the divorce is finalised, I applied for the financial settlement before so this is still in progress, in the interim his solictor did a Declaration of trust, which I agreed to at the time, so this is still in place. We bought the house as a married couple but are now tenants in common, the house being the only financial link we have. I want him to sign over the house cause I know he will never pay any maintenance for the children.
Posted on 23 August 2012 | Love 0 loves Report
881

MikeGG1 posted
You are each entitled to whatever the deeds including the Declaration of Trust says.

However, in a divorce settlement, everything is up for negotiation.

You can trade capital (house) for income (maintenance for children), for example.

Whatever you brought into the marriage, or paid for during the marriage, no longer matters. I know it isn't fair but that is how it is.

Mike
Posted on 24 August 2012 | Love 0 loves Report
1

Mally posted
As you have a joint mortgage, have you checked with your lender that they would be happy for your ex to be removed from the mortgage? The lender will want to ascertain that you are in a financial position to afford the mortgage on your own and will use their current criteria to measure this.
Posted on 29 August 2012 | Love 1 love Report
0

Rowmon posted
Mike - Thanks for your reply, that is quite reassuring that its up for negotiation anyway, thx.
Mally - Yes My lender is willing providing a can prove my financial situation which is quite difficult as I'm self employed, even though I am paying for everything now.
Posted on 29 August 2012 | Love 0 loves Report
0

Rowmon posted
Still concerned as we went to court and he still hasn't filed his Form E, he has a couple weeks to do so and I have to get a valuation on the property but the judge has given him permission to value the property but only for court purposes and nothing else. Thing being that he has suddenly decided after 2 years since leaving the house, that he wants to retrieve things from the home. There isn't anything that actually belongs to him, there are things that he choose and I paid for, but being that divorce him because of his unreasonable and abusive behavour, am I within my rights to refuse him coming in to get ting anything, the judge gives me the impression I'm not, and i'm being a bit unreasonable, but I'm the one with 99% responsibility of the home and children, can he continue to bully me in this way.
Posted on 04 September 2012 | Love 0 loves Report
1

Mally posted
I think that is one to be asking your solicitor who knows the full ins and outs.

Who is your lender?
Posted on 05 September 2012 | Love 0 loves Report
0

Rowmon posted
I havent used a solicitor, I've done the whole legal process myself. My lender is Santander
Posted on 05 September 2012 | Love 0 loves Report

Post an answer

Something you're dying to ask... or answer?

Get started now

Sign in for a better Q&A

Registered already? Great! You can just sign in to ask and answer questions.

W3C Thank you for using Three Kings