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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.

Can’t understand what info solicitor wants

7 replies

IJoinedJustForThisThread · 07/12/2021 00:54

Can anyone who knows anything about family law/divorce explain what my friend’s solicitor is asking for? Neither she nor I can work out what her solicitor wants, and if she contacts the solicitor to ask for clarification, she’ll get charged!

The solicitor has said
“Please let me have the requested documentary evidence of your sole mortgage capacity together with your joint capacity with (new partner’s name)”

What does that mean? The solicitor already has details of my friend’s income. How does she prove what her “mortgage capacity” is?

OP posts:
Chocobuns · 07/12/2021 06:21

My understanding is contact the bank and see how much she can borrow on her own and how much with new partner. Ask bank to send an email for each quote...

FreeBritnee · 07/12/2021 06:26

@Chocobuns

My understanding is contact the bank and see how much she can borrow on her own and how much with new partner. Ask bank to send an email for each quote...
I would say the same. They want to know the maximum her bank will lend her for a mortgage alone and for a joint mortgage alongside her new partner.
IJoinedJustForThisThread · 07/12/2021 14:39

Thank you, I’ll let her know

OP posts:
Marmight · 09/12/2021 19:46

Why does the solicitor need it?

Has your friend's ex solicitor asked for it?

There is no guarantee that your friend would get either mortgage if a proper application went through based on a lenders use of credit reference agencies.

I would ask why its needed. Is your friend living with her partner?

PS My ex's solicitor asked for the same info and he wanted to know how much i could offer to buy my ex out for. I declined to give him the info but we did come to arrangement for how much I had to pay him.
Thankfully it was nothing like the maximum I could have paid via the mortgage.

BatshitCrazyWoman · 10/12/2021 17:06

My now ex-husband and I had a specialist do a mortgage capacity report (judge ordered). I'm not sure how else you would find out.

fernsandlilies · 11/12/2021 14:15

Your friend should go to an independent mortgage broker and ask them to do a mortgage capacity report. The report needs to state what level of income is being used for the calculation, firstly about her own income, and secondly if she puts her income together with her partner. It would also need to state what the repayments would be, to see whether it's really affordable.

Independent brokers can say, for example, whether benefit income will be taken into account, or whether existing debts are affecting mortgage capacity.

The online mortgage calculators from the banks are ok to get an idea, especially when you're negotiating, but they aren't good enough for a disputed court case.

languagelover96 · 13/12/2021 09:40

Your friend needs to talk to a independent MB (mortgage broker). They can do a mortgage capacity report. The report should have all the required details about level of earnings etc. Do not use the online calculation tools, those do not work when things are complicated.

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