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

[Saymyname28]

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?

Nothing stopping the divorce, you just can’t arrange the finances the way you’ve outlined.

It would be a bad idea to divorce without a financial order. It means he can come back on the finances post-divorce. It gives an abuser an ‘in’ to his ex’s life and a lot of them are happy to use it.

You really need a solicitor to negotiate as yours in not a straightforward divorce, and a solicitor can help you to get a fair settlement, as it sounds like you're accepting a lot less than you have a claim to. You have kids, you need a fair settlement to support them.

You don't need to engage with him, it can all be done by solicitors.

Agree with the other posters - to be free you need to push through the financial order. They do get signed off when they aren’t ‘fair’, if the financially weaker party wants the agreement and has taken legal advice. If the house is in your name only, he is stronger financially and there’s other housing (so his living needs are met) then why not get an order for sale based on him not getting a mortgage to pay you out? If it then can’t be sold due to the state he keeps it, you could go back asking that he leave so you can get it sold? Why don’t you ask a solicitor what the best course of action is to resolve it quickly and cutting all ties. You can leave it in their hands.