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Is your XH still on your mortgage, but not on the house deeds?

7 replies

MarkRuffaloCrumble · 10/08/2015 15:18

As part of our divorce settlement, the house goes to me, his pensions stay with him.

However, the building society have said that they won't let him stay on the mortgage if he's not on the deeds (even though I am perfectly capable of paying the mortgage and have done for 4 years on my own, they took his income into account when agreeing to it, so no way I could take him off the mortgage and still keep it on by myself).

My new (of 3 years) DP has offered to come in on the mortgage with me to help, which is really lovely of him, but in the event of a split, he would have even less incentive to be helpful than the father of my DCs! I really don't want to be beholden to another man if I can avoid it.

Has anyone here kept their XH on the mortgage and if so, which company is it with?

Thanks.

OP posts:

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Elfdoor · 11/08/2015 17:18

My ex is not on deeds, never has been though. I purchased house on my own before we married he came on mortgage to borrow for extra work. I don't see why it matters to building society if it's already done they can not force anything if your paying it on time up to date. Speak to a solicitor and get advice if building society are threatening you.

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Bellemere · 11/08/2015 17:52

Verrrrry unlikely that you would find anyone to agree to this. Has your ex had legal advice? Even if a mortgage company would agree to it, I'd imagine his solicitor would strongly advise him against it.

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3mum · 11/08/2015 20:49

I had a problem with this too. It should be perfectly technically possible if he gives a guarantee to support the mortgage obligation which my exH was willing to do. The credit on which the mortgagee is relying is unchanged.

However our lender was a secondary lender (though part of HBoS) and just flatly refused to do it. They now want to get out of mortgages so had no incentive to be helpful.

We ended up with an informal and very legally unsatisfactory arrangement between me and exH re the continued mortgage. (I was darned if I was going to refinance a mortgage taken out on very favourable terms). So far it has worked but I am always aware that he can take advantage. The really should be a legal compulsion on banks and BS to fall into line once a court order has been made for a financial settlement.

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2wenty2wenty · 26/10/2015 08:33

Woolwich through Barclays. I have exactly this. House all mine, deeds in my name only, mortgage whist paid by me, is in both of our names as my borrowing capacity is too low to do it on my own. I bought out my ex's share of the equity (30%) when mortgage was set up.

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charlybear7 · 26/10/2015 11:13

I'm in the process of this currently!

My solicitor has advised me it is possible, otherwise we'd be homeless!

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cestlavielife · 26/10/2015 14:19

there could be problems if you died... so if you die tomorrow your ex still has to pay off the mortgage but wont necessarily have the house as an asset to sell to pay it off? who does the house go to if you die? does a share go to the ex?

if it was the other way round, would you be ok to be on a joint debt for something to which you have no stake in? so the other person could give away the asset to some one else but you would still be liable for the debt? there would need to be some kind of declaration of interest etc.