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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.

Urgent advice needed - How can I prevent my STBXH from borrowing on the house?

9 replies

Engineeringlife · 13/08/2023 18:33

We are going through a long drawn out divorce with everything moving very slowly. STBXH is refusing to sign the application. Now he is saying he is going to borrow money on the house. The mortgage is paid off and the house is in joint names. Is he able to do this? Would we be jointly responsible for the loan? Is there anyway to stop him? Please advise ... I am panicking BIG style.

OP posts:
sparklefresh · 13/08/2023 18:53

If the house is joint I don't think he can borrow against it without your agreement. Don't panic,

Scousemousey · 13/08/2023 18:54

A bank would not lend against the value of a jointly owned house without proof that the both owners consent to it. He's winding you up.

Engineeringlife · 13/08/2023 19:07

Thank you so much. That was my instinct but Google wasn’t providing me with any answers. I managed to protect the property during the last few mortgage payments by letting the bank know we were in dispute. Therefore, he couldn’t get a second mortgage on the house without my consent.

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Danidutch · 13/08/2023 21:36

Speak to your solicitor about it. There is a form you can fill in which is given to the courts. Once approved they will put a order on the property meaning it can't be sold, remortgaged or transferred.

Engineeringlife · 13/08/2023 22:22

Danidutch · 13/08/2023 21:36

Speak to your solicitor about it. There is a form you can fill in which is given to the courts. Once approved they will put a order on the property meaning it can't be sold, remortgaged or transferred.

Thank you…I didn’t know about this form. Do you know if it can be completed in the early stages of a divorce application?

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Engineeringlife · 13/08/2023 22:37

Fabulous! I love all the amazing people who are so helpful on MN! Thank you

OP posts:
Engineeringlife · 13/08/2023 22:59

@Danidutch @RudsyFarmer @Scousemousey @sparklefresh Thank you for putting my mind at rest this evening. I will be filling out the forms tomorrow. You are all amazing.

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