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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Putting new partner on mortgage but still married

28 replies

mortgagequery · 29/01/2024 09:53

NC. Posting for traffic.

If someone is still married but getting divorced does having the new partner take over the stbexh's half of the mortgage affect the divorce in any way? New partner is on the mortgage now but divorce not finalised.

OP posts:
mortgagequery · 29/01/2024 10:14

Just to add stbexh moved out a year ago. New partner is moving in in a couple of weeks. Officially now he's on the mortgage.

OP posts:
quisensoucie · 29/01/2024 10:31

Was your husband on mortgage prior to split?

mortgagequery · 29/01/2024 10:33

It's not me but yes the husband was on the mortgage and now the new partner has taken his place so to speak.

OP posts:
catsnhats11 · 29/01/2024 10:34

mortgagequery · 29/01/2024 10:14

Just to add stbexh moved out a year ago. New partner is moving in in a couple of weeks. Officially now he's on the mortgage.

All way to fast, less than a year and the new partner is already on the mortgage? You need to get proper financial advise for this, what is the reason for putting new partner on the mortgage?

oakleaffy · 29/01/2024 10:36

Get proper legal advice @mortgagequery
Why are you rushing to get a new person on the mortgage?
If you have sizeable equity and the new person turns out to be no good ( it happens) they may have a claim on the equity.

Definitely one for a solicitor.

mortgagequery · 29/01/2024 10:36

I don't know why he was put on the mortgage. I guess because she couldn't afford the mortgage on her own once the ex moved out.

OP posts:
quisensoucie · 29/01/2024 10:37

@mortgagequery Presumably then, his name has been removed then? However, he should be entitled to get something back - either you buy him out of his share, or a sum is agreed. So yes, it will affect the divorce.
Having the new partner as a motgagee will not stop the ex being entitled to money

Thistooshallpsss · 29/01/2024 10:38

You can’t put someone on the mortgage without them also being a co owner of the property otherwise the mortgage company would be lending without an asset to secure the loan.

Minglemangle007 · 29/01/2024 10:39

It's not just a case of taking oe name off and another one on, it's a whole nw mortgage application. STBXH should have hus solicitor on this.

OrlandointheWilderness · 29/01/2024 10:42

How long have you been with the new DP?

mortgagequery · 29/01/2024 10:42

The new partner has taken on the mortgage with her.

This is my friend. Yes she's rushed into it. They both have kids too.

OP posts:
oakleaffy · 29/01/2024 10:46

Thistooshallpsss · 29/01/2024 10:38

You can’t put someone on the mortgage without them also being a co owner of the property otherwise the mortgage company would be lending without an asset to secure the loan.

That’s what I thought ( Not a lawyer!)
I had lodgers to help pay mortgage- no way would want another person to have claim on property after buying Ex out ( legally arranged)

DancingFerret · 29/01/2024 10:46

It sounds like the new partner is moving in and will be paying a share of the mortgage. Not a good idea unless the divorce is done and dusted with a financial order in place.

ScierraDoll · 29/01/2024 10:47

Strangely your divorce will have little impact on your mortgage. The lender lent you and your ex money to buy a house. The mortgage remains in your joint names until the loan is paid off or until the lender agrees to take your husbands name off the mortgage. It's not really a case of taking one name off and replacing it with another.
I think there is a lot you are not telling us or you are just seeking advice on whether this can be done

mortgagequery · 29/01/2024 11:12

The divorce isn't finalised and I'm not sure where that is up to. The stbexh no longer owns the marital home and a new mortgage has been taken out with the new partner.

OP posts:
oakleaffy · 29/01/2024 11:21

ScierraDoll · 29/01/2024 10:47

Strangely your divorce will have little impact on your mortgage. The lender lent you and your ex money to buy a house. The mortgage remains in your joint names until the loan is paid off or until the lender agrees to take your husbands name off the mortgage. It's not really a case of taking one name off and replacing it with another.
I think there is a lot you are not telling us or you are just seeking advice on whether this can be done

Might be wrong, but think this is actually the “new man” rather than the wife of the soon to-be ex husband?
Sounds rather odd.

I’d recommend that she sees a legal professional to sort everything out properly…and to protect her asset.

Catza · 29/01/2024 11:24

You need to contact the solicitor. I would have thought that previous partner is entitled to part of the property regardless of whose name is currently on the mortgage since it is asset acquired in marriage

FrippEnos · 29/01/2024 11:44

mortgagequery

If a new mortgage has been taken out.
Does that mean that they have used the "new" mortgage to pay off the old one?
Even if they have done that If she has not sorted the financials and got a clean break then the STBEX can still receive a share of the house.

mortgagequery · 29/01/2024 11:45

I'll see if she will listen to me and see her solicitor. She's such a fool and I'm worried about her and the kids. She's known this guy a little over a year.

OP posts:
oakleaffy · 29/01/2024 11:52

mortgagequery · 29/01/2024 11:45

I'll see if she will listen to me and see her solicitor. She's such a fool and I'm worried about her and the kids. She's known this guy a little over a year.

It was confusing as to who was actually posting.

She desperately needs solid legal advice.

To be rushing in with a new man WITH CHILDREN after just a year is frankly reckless.

Once he’s on the mortgage he’s got a real hold over her.

Fools rush in where Angels fear to tread ..

She would have been far better off getting a lovely lodger if she was struggling to pay mortgage.

mortgagequery · 29/01/2024 12:23

Sorry for the confusion.
I know the mortgage is for 25 years and I don't think the relationship will last another 12 months. She's coming over for a coffee later and I'm hoping to get her to speak to her solicitor without the new partner there. It's too late to do anything about the mortgage but the solicitor can advise her about the financial settlement. I think she's gone from one abusive relationship to another.

OP posts:
oakleaffy · 29/01/2024 13:40

mortgagequery · 29/01/2024 12:23

Sorry for the confusion.
I know the mortgage is for 25 years and I don't think the relationship will last another 12 months. She's coming over for a coffee later and I'm hoping to get her to speak to her solicitor without the new partner there. It's too late to do anything about the mortgage but the solicitor can advise her about the financial settlement. I think she's gone from one abusive relationship to another.

Oh what a nightmare!
She should do everything in her power to pay her mortgage herself and absolutely NOT have this chancer on the mortgage.

Her house is her valuable asset.

If some cunning chancer grabs it from her, or demands equity in event of a split, she’ll be in dire straits.

I’m shocked at how hard it is to rent these days - she absolutely does not want to lose her and her children’s home.
This new bloke probably knows he’s onto a winner!

Many scammers about with an eye to fleecing a vulnerable woman.

Good luck with trying to protect your friend.

AndSoFinally · 29/01/2024 15:25

Surely there's already been some sort of agreement though? No one is going to just sign over half of an asset without either being bought out or having an agreement regarding g other assets eg you get the whole of this house and I'll have the whole of the other one.

I can't believe her STBXH just willingly took his name off out of the goodness of his heart?

What did they agree at the time?

NoOrdinaryMorning · 30/01/2024 15:50

Bloody hell! New partner within a year of a marriage ending?! (Yes I know they're still married but you know what I meant) That's insane

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