Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Divorce/separation

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

Original poster

What happens if mortgage doesn't approve transfer of house with our clean break

28 replies

Saymyname28 · 15/03/2024 14:43

Doing our clean break. There are two houses. Both are solely in my name but obviously marriage assets. One is owned outright, this will stay mine.

One is mortgaged in my name only. This will be transfered to exH

When I filled in the form form the clean break it asks if I've informed the mortgage company. Which got me thinking.

Do the mortgage company have to agree the transfer for me to sign it in the clean break. As far as I was concerned, we sign the clean break. I transfer the title. I inform the mortgage company that its transferred and the rest is his business to sort out. But if they won't give him a mortgage can I not sign it over?

OP posts:
FlyingAfterDark · 15/03/2024 14:51

Even if there are no changes to the mortgage, the bank needs to consider if they will approve change in legal ownership from you to him.

FlyingAfterDark · 15/03/2024 14:52

If you want him to take out a brand new mortgage then naturally the bank will have an opinion about it….

millymollymoomoo · 15/03/2024 16:31

yes

he’ll need to be approved for a mortgage on the property
if he can’t get one for whatever reason you can’t transfer it over ( unless you also stay in the mortgage )

Mrsttcno1 · 15/03/2024 16:36

If there is still an outstanding mortgage on the property then he needs to get a mortgage for it in his own name before you can do this, otherwise YOU will still be responsible for the payments.

CandidHedgehog · 15/03/2024 20:58

My understanding is that you can’t transfer the property without paying off the mortgage first. This can be by way of your ex taking out another mortgage. The transfer and remortgage into your ex’s name need to go through simultaneously.

Original poster
Saymyname28 · 16/03/2024 07:34

Oh ffs 🤦‍♀️ I really thought I could just transfer it to him and the rest was his problem. I just want rid.

So if he can't get a mortgage, I can't get a clean break and can't get a divorce?

OP posts:
Solonelyy · 16/03/2024 07:36

Yes the mortgage company will have to go thru a whole new application with your ex to see if they will approve him. You can’t just tell them you are signing it over to him

Solonelyy · 16/03/2024 07:36

If he isn’t approved could you not sell that property and your ex will get a chunk of the equity to put towards buying somewhere smaller or renting?

Foxblue · 16/03/2024 07:40

Yeah, if he can't get a mortgage approved then the finances will need to be looked at again, so I'm assuming the house would need to be sold and the proceeds go to him instead? That's a solicitor question, maybe they will need to revisit other assets instead. Sorry that you are dealing with this at this stage, he should have been investigating a mortgage himself!

Original poster
Saymyname28 · 16/03/2024 08:25

Soul destroying. Got the date for the final order, been so excited to take his power away and leave the abuse behind. But no. He's coming out with more, earns more but his inability to take responsibility means he's going to be unmortgageable.

I have no idea what I can do. He won't sell the house. And he lives like a pig, it's unsellable while he's there.

I own a much smaller house outright. It's my home, my only option could be to hope he'll swap. Really not ideal but I just want rid.

Can we divorce without a financial order? Both properties stay in my name to be dealt with later?

OP posts:
AnneLovesGilbert · 16/03/2024 08:37

Have you got a lawyer? They should be helping with all of this.

Original poster
Saymyname28 · 16/03/2024 08:45

@AnneLovesGilbert only a cheap one that just submits the paperwork

OP posts:
mitogoshi · 16/03/2024 09:05

Firstly you can divorce without the financial order being finalised in these circumstances.

Secondly yes he needs to get a mortgage for the property so you can pay off the mortgage you have - your solicitor can ensure it's all done correctly, then the land registry will update the details as him as sole owner.

It may be possible to write into the financial order that he will have x property subject to him obtaining a mortgage by x date or the property will be sold at current market value and the proceeds of the sale after the mortgage is paid off will be transferred to him subject to him providing bank details. This means you can lodge the financial agreement now, but gives him a set time to obtain the mortgage

Original poster
Saymyname28 · 16/03/2024 09:14

Thank you @mitogoshi that could be a solid plan. I need the divorce to be done as soon as the final order can go through.
Spoke to mortgage provider, I can't transfer the mortgage (I kinda just assumed I could to my husband) and I have to pay 1200 quid repayment fee.

But hey, freedom comes at a price. So long as I get the divorce I don't really care what happens to that house.

OP posts:
Jonathan70 · 16/03/2024 09:48

You shouldn’t finalise the divorce without the finances sorted with a consent order.Like @mitogoshi says, if he is unable to take over the mortgage when the mortgage product you are tied into ends, or a set date, it should be sold and the proceeds are his to rent with or put down on a house needing a smaller mortgage. It should stipulate that he is paying the mortgage and bills at the house he is living in from the time of the financial order being sealed until it is sold. You should have a financial agreement before the final order, if you don’t, he can claim on any of your assets in the future regardless of whether he is expecting to receive the equity in the house he lives in - your pension, savings, the property owned outright….

Jonathan70 · 16/03/2024 09:55

You might need to look at the value of all assets too as he may be entitled to more, depending on lots of things including his ability to house himself and the length of your marriage, when assets were acquired etc. I’d ask a solicitor, to ensure it is a fair split so that the consent order goes through quickly and you can get your divorce. Best wishes.

RandomMess · 16/03/2024 09:58

You need to look at the long term here.

Judge can sign on the order to sell the house.

You remain liable for the mortgage and he could damage the house and leave you in negative equity.

Original poster
Saymyname28 · 16/03/2024 14:24

He's definitely not entitled to more. He owns two other properties with about 150k equity in them. He's keeping the company we co-owned. The house he's keeping is worth 130-160 with less than 40k mortgage left on it. I'm getting my house that's 80k outright. He's kept all our possessions, artwork, furniture, his car is worth 2/3 times more than mine. He outearns me. There's no child maintenance as has 50/50 atm, likely to go down in time as his work can't support it but he will never pay me a penny and I will never ask for it.

OP posts:
FriendlyNeighbourhoodAccountant · 16/03/2024 14:27

Saymyname28 · 16/03/2024 14:24

He's definitely not entitled to more. He owns two other properties with about 150k equity in them. He's keeping the company we co-owned. The house he's keeping is worth 130-160 with less than 40k mortgage left on it. I'm getting my house that's 80k outright. He's kept all our possessions, artwork, furniture, his car is worth 2/3 times more than mine. He outearns me. There's no child maintenance as has 50/50 atm, likely to go down in time as his work can't support it but he will never pay me a penny and I will never ask for it.

My more immediate concern would be whether a judge would even sign off on your clean break order considering it sounds like the actual split is unfair.

Precipice · 16/03/2024 14:27

If he has 2 properties and you have 2 properties, why are you losing one property to him? I was following it in the OP, but not with your update.

RandomMess · 16/03/2024 14:48

Geez you need a shit hot solicitor and barrister who get great results with this kind of ex with multiple properties and a shared business.

You need the finances sorted.

You get one of the other properties signed over to you fully, raise a mortgage on either that or the one you own outright and pay the mortgage off.

There are ways to do this, you need to push through his abuse and the legal fees and get it sorted.

Take it to court get the judge to rule and then the courts to enforce.

Original poster
Saymyname28 · 16/03/2024 15:05

Oh legally and financially it sounds Batshit. But if you told me 2 years ago that I'd be safe and happy and actually have a roof over my head for myself and my child I'd think it was a cruel joke.

When I left I believed best case scenario would be that I was alive with absolutely nothing to my name, that was good enough. My life is incredible, I'm happy with my little house. He can have everything else. I just want that chapter of my life to close.

OP posts:
RandomMess · 16/03/2024 15:07

Still do it now, it's the only way to be free.

You don't want any financial ties. Court will order sale of the house and can deal with an eviction notice etc. SIL has been there and got the postcard.

He could be racking up debts against that property and leave you having to sell the one you are in.

He has other property he could live in. Have you registered your interest in them as a marital asset? You need to to do this.

RandomMess · 16/03/2024 15:08

All of this to ensure you walk away with your current home and no mortgage.

Flowers
Original poster
Saymyname28 · 16/03/2024 15:43

I really hoped I wouldn't have to but it seems I'll have no choice. I never wanted to fight him. I just wanted to quietly slip away

OP posts:
Swipe left for the next trending thread