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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.

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Original poster

complicated possible forced sale of house

67 replies

NastyPastie · 17/08/2021 12:26

Hi all

I got divorced 2 years ago. We were together 11 years, have 4 children, and I basically stopped working to bring up the children, so we went to court regarding financial settlement. At the time I was unemployed and living in the former matrimonial home.

The Court decided to give me a year to basically buy ex-husband out, and take his name off the mortgage. I raised the funds to do this, and have paid the £1k mortgage myself since April 2017. Trouble is that I'm on what is considered a low income, and part of my income is made up of Universal Credit payments which lenders (most of) won't consider in terms of affordability for a mortgage.

I'm with Santander, and they flatly refused me on the basis of my income. A broker tried to arrange a mortgage but our credit history became an issue, basically when we separated he was insisting I paid 50% of his rent as well as 50% of the mortgage, and given I was unemployed at the time I negotiated with Santander and with their understanding we did not pay the mortgage for 6 months. This was not technically classed as a default as it was accepted by the lenders that it was a temporary situation until the case was sorted. I paid the arrears, and have paid the mortgage ever since.

Now ex-husband wants to, understandably, stop renting and buy a house of his own but his name is still on our mortgage. I originally had 12 months to take his name off the mortgage, but Covid hit, and I was unemployed... struggling completely with mental health, finances etc. Against all odds I managed to get a full-time job and have increased my pay this year, but still a proportion of my income is made up of Universal Credit so I find myself trapped.

I can afford the mortgage, and have a secure full-time job. He wants me to sell, and I am in complete panic as the house is in such a mess, and I don't know what to do. I know there is the Court Order from two years ago - can he simply apply for it to be enforced, then I will just have to sell? Bearing in mind he hasn't paid the mortgage for years, and he received his financial stake in the house a year or more ago - it is mine in all but name.

It is the most frustrating position, because I am going to have to end up renting, spending the same as I would on a mortgage... with no prospect of being able to afford to get back on the housing ladder because my finances are in such poor shape after having a career break and divorce. I am seeking legal help later in the week, and going to talk to an EA about the situation. Ex-husband has Asperger's and cannot negotiate with me. The four children (aged 14, 12, 10 and 8) do not want to lose their family home, and I just don't know what to do. I'm trying to hold it together... but am in real panic.

OP posts:

Goodtohear · 17/08/2021 15:01

Can't comment re house sale however I'd had a mortgage with santander for years when I became disabled my income was mainly early retirement pension topped up with benefits santander refused, a broker couldn't find me anything, so I started ringing different banks /building societies and asking them barclays bank accepted me straight away and after 3 years with them I've just fixed in with them for 5years - other banks just wouldn't accept uc/pip as income.

gogohm · 17/08/2021 15:09

Try a broker which specialises in unusual circumstances. Do you have any arrears? How long have you paid since then is it under a year? You might be able to extend the period to take him off if it's relatively short eg 6 months at which point you would be in a stronger position financially as an example.

It's very hard I know but going into rented might be an easier option if you are on uc, as you can get help with rent - look at the positives

LemonTT · 17/08/2021 15:29

If you have explored every option to get a mortgage and can’t then you have to accept the house must be sold. It was you who made the undertaking to secure a mortgage in your own name within a year. You haven’t done that. He will take you to court and get an order compelling you to sell.

You made an undertaking and you either need to show good faith in making a credible effort to secure a mortgage within a reasonable time or you sell.

Original poster

NastyPastie · 17/08/2021 15:56

I didn’t agree it. The Court imposed it at the time, pre-Covid. Trying to secure a full-time job was a nightmare, trying to feed four children whilst unemployed with the threat of losing the house was a nightmare. I have managed to buy him out and have tried every which way, I am still the mother of his children. He wouldn’t be in a position to be buying a house if I hadn’t stepped back from my career for 12 years…

OP posts:

LemonTT · 17/08/2021 16:30

Unfortunately when you went to court you agreed to be bound by their decision. Don’t go back to court and say you don’t think that applies to you. That would not work in your favour.

You are going to have to accept that one way or another his name is coming off that mortgage and the courts have the ability to make sure that doesn’t happen at your convenience.

The question that will be asked of you is when and how will you qualify for the mortgage. If that is an unrealistic option then what do you expect to happen?

Original poster

NastyPastie · 17/08/2021 17:16

I understand that but it has to happen at his convenience?

OP posts:

2019user44 · 17/08/2021 17:36

Check your order and see if there is a liberty to apply as to implementation and timing provision if so and you can show a clear path as to how you may get his name off, you may be able to apply for an extension in all of the circumstances. I am a family lawyer but can’t advise properly without knowing all of the circumstances and seeing the order.

You should take it to a family lawyer near to you and get some advice. A lot of family lawyers will do an initial free appointment

AutisticID · 17/08/2021 17:45

I was in a similar situation during divorce, terrible financial situation and universal credit contributed a lot of my monthly income. I went to London and Country and the broker was amazing. I said I don’t think you can help me but they did, they found one (only one!) lender and I bought my ex out and kept the house. I recommend them highly.

Seasonschange · 17/08/2021 20:38

I do agree with you Op that it’s a shit situation and I think others do as well. Unfortunately the time to voice that was when the divorce settlement was agreed and the order was made. I don’t think you can do anything about the unfairness of it now.

millymollymoomoo · 17/08/2021 21:32

The judge would have considered the factors of the case inc your time out of work, ages, earnings etc when determine really asset split %
Understand it’s hard but you need to comply with the order, or persuade your ex you need more time
Sorry

Embracelife · 17/08/2021 21:44

@NastyPastie

Because I was unemployed. I bought him out, but couldn't alter the mortgage.

I don't understand. You gave him money ? How much? But didn't take on the mortgage? So you didn't buy him out at all

Embracelife · 17/08/2021 21:47

@NastyPastie

The Court Order stated 52% to me and 48% to him at that time, based on the valuation. As agreed, I paid the amount due to him, and took over the mortgage, as I was fully intending to buy him out and take his name off the mortgage. The 'glitch' is that owing to my lower income, and our adverse credit history, I have as yet been unable to take his name off the mortgage (ie remortgage in my own right)

I know people move house all the time and I can rent, but I am in this position because I gave up a decade to look after our four children whilst his career progressed and he is in a far superior position financially now. His impatience to buy is over-riding what is right for the children in my opinion.

OK so why did you give him money But not sort out the mortgage at same time? That is what I don't understand Before handing over £££ the paperwork to transfer mortgage should have happened? Did solicitor advise you ? If you had not given him ££££ You would be in better position right?

Embracelife · 17/08/2021 21:50

You took over paying the mortgage
Without it being in your sole name
Is that what happened?

Do the dc spend time with their dad? Overnights?

Embracelife · 17/08/2021 21:53

Who told you to pay him £££
Before the mortgage was sorted out?

Embracelife · 17/08/2021 21:55

In a mortgage buyout, one partner takes over the other’s share of the mortgage on a property, while simultaneously buying out their share of the property itself. The other person’s name is removed from the mortgage and the title deed. This is often achieved by remortgaging, but can also be done via a product transfer, where you move from your existing deal to a new one with your current lender.

www.unbiased.co.uk/life/homes-property/how-can-i-buy-out-my-partner-on-a-mortgage

All you did was give him ££££
Why did that happen before the remortgage?
Seems very poor advice

ilikecheesecake · 17/08/2021 22:04

I really feel for you op.i get he wants to buy his own house but you have such young children, surely as their dad he wouldn't want to see your children having to live in rented accommodation when they had a secure home to live in. You would think he could give you longer to sort it out if not for you but for his kids.

MichelleScarn · 17/08/2021 22:11

surely as their dad he wouldn't want to see your children having to live in rented accommodation when they had a secure home to live in.
But surely they must stay in rented accommodation when they stay with him, so that's why he's looking to ensure he can provide a secure home for them to stay in?

Original poster

NastyPastie · 17/08/2021 23:06

Why did I buy him out? Because the Court Order said buy him out. I gave him £70k. It wasn’t poor advice. It was part of the process. I bought him out. I have paid the mortgage in my own now for several years. At the time I couldn’t remortgage as I was unemployed so the Court said to allow 12 months. But then Covid/Brexit impacted the job market and it took me ages… I had in the region of 50 interviews. It was a vile time… then I got a full-time job and immediately applied for a mortgage but was told wait six months. Then Santander won’t consider UC, and other lenders will but are spooked by the late payments (which he is responsible for too).

OP posts:

Embracelife · 17/08/2021 23:30

@NastyPastie

You gave him 70k and continued to pay a joint named mortgage. ??? You say that His name is still on the mortgage. So you didn't buy him out? I e you didn't take over the mortgage in your name Or is house in your name only but mortgage in both names? That 70k could go to a deposit...

Why would you do that? Why would you give away a massive 70k before the paperwork was done to remove him from mortgage?

Original poster

NastyPastie · 17/08/2021 23:36

Because the Court Order said I had to

OP posts:

Dragon50 · 18/08/2021 00:00

Where did the £70k come from? A remortgage? Savings?

I also don’t understand why/how he was paid with his name left on the asset.

Dragon50 · 18/08/2021 00:01

In fact, does he still have a claim on the house?

As his name is on the mortgage, is it still on the deeds?

Embracelife · 18/08/2021 00:08

@NastyPastie

Because the Court Order said I had to

Still makes no sense. Surely barrister could appeal. As per link above You pay him only when he comes off mortgage not before? So that you get mortgage and title and he takes money and goes. As it stands he has been liable for paying mortgage same as you. It just seems odd you had 70k to pay him then But now you stuck

How much equity in house ? Presumably more than 140 k? (If you paid him 70k as 48 %) That could be good deposit elsewhere on cheaper house if you have to sell

NotPersephone · 18/08/2021 00:13

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

ImFree2doasiwant · 18/08/2021 00:19

You are in a really precarious position here OP. I dont understand how you've been made to buy him out yet he's still named on the mortgage. Absolute madness!

Have you tried Natwesr, and Leeds building society?

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