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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Mortgage covenants and divorce - please help!!

27 replies

Whatevs80 · 23/11/2016 08:39

Hello.

I'm wondering if anyone can help;

Divorce papers recently submitted and legal advice sought. In brief, we have a jointly owned house and two young DC.

All options discussed with solicitor for a clean break eg buying ex out or selling and dividing equity apparently leave me with the problem of removing my STBXH from the mortgage covenants.

I have a rough understanding of this; but has anyone got experience of this; HOW do I remove him if we sell and divide or if I pay him off?

We are fortunate to have a large amount of equity owing to a critical illness payout a few years ago, it just seems such a shame that we could not achieve a clean break in this situation?

Mortgage lender is Nationwide; seen advisor, she had no clue what I was talking about Confused

Anyone?!?

Thank you

OP posts:
TheFormidableMrsC · 29/11/2016 12:46

Oh I know you're not Moving, it just helps to have a bit of background info sometimes! Smile. I suppose she is trying to keep some stability for the children maybe? I am surprised she didn't get a Mesher Order which is normally the case, ie : she would have to sell when the youngest turns 18. If it's interest only, she is going to have no choice in any event, which is my situation. The Judge in my case declined a Mesher Order as I would have to sell anyway and had already outlined my plans to him. There really are no winners in divorce unfortunately, it's a shitty business! I don't feel victorious despite people saying "oh wow" at what was achieved in court mainly because of the hugely negative effect it has had on the children and I and the fact that in middle age, I am going to have to uproot to another part of the country, away from my family and friends and try and start again. I am only glad that my ex didn't get a single penny of it after how he treated us.

Jr567673 · 29/11/2016 12:52

Going through the same at the moment. Property to transferred into my sole name as have a baby and not enough equity for 2 homes. Bank are under no obligation to take ex name off the mortgage as my son having a roof over his head is more important than ex getting a mortgage. This is in place until son is 18 or I remarry. Ex not paying anything towards the mortgage and I can't get one on my own due to part time working and self employed. Just the way it is unfortunately x

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