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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.

Adding a charge to the mortgage to release me from it, is this a thing?

6 replies

StupidlyStuck · 30/03/2021 18:49

Hi,
I am about to start divorce proceedings and just wanted to know the possible scenarios before I present them to my DH. Currently we own a house worth around 200k, with around 50k equity in it. Our mortgage payments are quite high as we chose to decrease the term, so there is maybe a little wiggle room in this.
The problem is that I need to leave, but my DH would be silly to sell the house because it has the right number of bedrooms for his children. The rent on an equivalent property would be as much as the current mortgage payment.
I have a small deposit saved that I could use, so I don’t really need my 25k from the property right now in order to leave, if need be then I am happy to leave it in the property so that DH could get a mortgage for 150k rather than stretch to 175k which would probably be impossible for him. I have read that I can leave my 25k in the property and sign a document to say I have a share in the property if and when it is sold, and be removed from the mortgage.
Have I read this right?! Any help/advice gratefully received.

OP posts:
HosannainExcelSheets · 30/03/2021 20:30

You can, but it's quite complicated and the implications are extensive for tax purposes etc. If you buy again your new place might be considered ba second home too, with all that entails.

You can avoid most pitfalls, but you and your exH need to get legal advice. If you're amicable, you can get joint legal advice.

crummyusername · 30/03/2021 20:50

I’m looking into these things too. Be VERY careful on capital gains tax. It also means your money is completely tied up with your ex - what if you need it and he refuses to sell? What if the house needs major work, who pays? He may be able to borrow more than he thinks (maybe eg extending the term of the mortgage) which is a far better solution if at all possible.

crummyusername · 30/03/2021 20:51

PS I think it’s called a Mesher order, if you want to Google it

Pleaseaddcaffine · 31/03/2021 07:45

Op having read you threads about him, he won't be nice about the mortgage so don't do him any favours.
He needs to sell the house and buy elsewhere in a cheaper area or smaller. Smae as you are doing.

Really pleased your breaking free, good luck x

Quartz2208 · 31/03/2021 07:49

OP I have read your posts as well and I think you are still trying to put him first but you need to take a step back and put yourself first and let him deal with it all.

Selling the house is the easiest and cheapest way and will enable you to move on.

crummyusername · 31/03/2021 15:56

My lawyer told me these are now rarely used due to the complications, and that a judge would only recommend in very specific circumstances eg when a primary carer can’t get a mortgage and needs to keep kids in the family home (and even then it’s a last resort option).

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