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Marital Home Rights(4 Posts)
I've separated from my husband, the mortgage is in his name only. He has moved out, and is not paying towards the mortgage. I have registered my home rights, but at the moment I am transferring the money to his bank account and then the mortgage is coming out of there as it always has done. Can I get it changed so the mortgage comes out of my account, things are starting to get nasty and I do not trust him to carry on paying it even though its my money. And if he does stop paying it what happens? I'm expecting it to start getting messy as I will no longer be controlled by him and I'm finally standing up for myself whilst discussing a settlement
I don't have experience of this OP but I think best to speak to mortgage company then change direct debit details? Then inform him.
You need to get proper legal advice.
As your name isn't on the mortgage, I very much doubt the lender will even speak to you in the first place. Tbh you’re in a better position, than if your name was on the mortgage. If he refuses to pay, the house may eventually be repossessed ( I know this is not helpful, if your intention is to remain in the house), which will damage your husbands credit rating. It’s in his best interests that he continues to make payments. However I’d advise that you start saving for a rental fund if you haven’t done so already.
Why would you want to pay the mortgage on a home that is not in your name?
If you want to keep the house you need your dh to sign to house over to you so you are on the deeds. A solicitor should be able to advise re mortgages / deeds. If your dh won’t do this then I think your best option is to put what you’d be putting towards the mortgage into a savings account, let him miss all the payments he wants and look for somewhere else to live!
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