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Original poster

Urgent Mortgage & Divorce advice please?

35 replies

52andblue · 06/10/2021 18:10

Does anyone happen to work for Santander / similar & could tell me?

H and I have a joint mortgage and are jointly on deeds of house.
He works, I do not (health issues, also Carer for kids with ASD)

He has left me and rented a flat and moved out.
I am speaking to a lawyer about a Divorce, (but in Scotland the Separation Agreement which precedes the Divorce covers the finances & is legally binding in itself so have to get it right)

As I am a Carer I cannot afford to 'buy him out' but want to stay in the house for stability for the kids. .
He is prepared to 'walk away' (there is

OP posts:
ThisIsStartingToBoreMe · 06/10/2021 18:22

How will you pay the mortgage if you don't work?

FrownedUpon · 06/10/2021 18:23

How will you pay the money owed at the end of the interest only mortgage? The capital has to be paid off.

DameCelia · 06/10/2021 18:27

In England (don't know how helpful this is) you can't 'take someone off the deeds'.
What happens is that a new mortgage is taken out in just your name and the previous one paid off.
In order for a new one to be taken out in your name you need to pass the affordability tests of the lender.
Some lenders will take maintenance and benefits into account.
A number of people leave the mortgage as it is when one spouse moves out otherwise they couldn't afford the mortgage.
Of course if he stays on the mortgage he can't buy anything else and remains tied to you and the house.

Original poster
52andblue · 06/10/2021 19:50

The mortgage is a fixed amount of £222 per month. It is affordable.

I would not pass affordability tests for a new mortgage for the whole amount. Nor would exH.

At the end of the term, unless I have 'come into money' the house will be sold to repay the mortgage.

He realises if he stays on the mortgage then he is tied to the debt on the house. He seems unbothered by this.

OP posts:
Original poster
52andblue · 06/10/2021 19:55

I'm dealing with a junior lawyer, who took advice from a more senior partner. He emailed her and she copied me in:
:
"I have been involved in a couple of cases where the heritable creditor has agreed that the property could be transferred into the sole name of one spouse, but they have not released the other spouse from the obligations in terms of the Standard Security. Both spouses therefore remain due to pay the debt"

So she emailed me with this and the remark:
"I think it might be wise to have a discussion with your mortgage provider to see whether there is any way that they would consider transferring the mortgage into your name. As (SL) indicated previously, they may do this but on the proviso that your StbexH name remains there too"

I can't see any chance of this and am worried that they will revoke the mortgage if I inform them that the sole earner has walked out ??

OP posts:
TakeYourFinalPosition · 06/10/2021 20:18

I don’t believe there would be any grounds for the bank to pursue your exH for the debt if he was removed from the mortgage. Admittedly I am only knowledgeable about English law; but I’d be stunned if that was possible. I know that’s not what you want to hear…

user1487194234 · 07/10/2021 06:02

You have to speak to Santander
They will not revoke the mortgage

Original poster
52andblue · 07/10/2021 08:39

Thank you all.
I realise the only thing really is to speak to Santander.
I was just SO WORRIED that they might revoke the mortgage if I tell them he has moved out ???

The idea is that he remains legally liable for the debt so the lender should be okay?.
However there would be a Separation Agreement (legally enforceable in Scottish law) to say that he no longer has rights of residence / can force a sale / rights to equity when eventually sold. He is currently okay with this, (possibly because he feels so guilty about how he has behaved?) so lawyer wants me to speak to lender while this is the case but I am scared to do even this in case they pull the mortgage somehow as I am not earning. Ugh.

OP posts:
Original poster
52andblue · 07/10/2021 08:40

ie he remains on the mortgage, but Santander agree to remove him from Deeds / Title, I THINK is what the lawyer is suggesting?

OP posts:
Tellmeee · 07/10/2021 08:45

I know what you mean. It does sound like a risk. Is it possible to ask in a hypothetical way so they don’t know your husband does not actually live there any more? Is there any information online?

I was in the same position as you (carer to small children with special needs) when ex moved out and eventually I had to sell up and downsize. It was court ordered in the end as we couldn’t agree.

You might have to start being open to moving and how that could work for you. Lots of women want to keep the family home if the children are with them most of the time but it’s not always possible.

VanCleefArpels · 07/10/2021 08:57

Two things occur to me

  1. How long has your fixed rate got left? What happens then?
  1. What happens when your husband wants to apply for another mortgage on his own home - being liable on your current mortgage May well impact this which makes me think he’d be very badly advised to remain liable for your current home.

If you are not able to carry in in your home you might be better off renting as you may qualify for help with paying rent with UC.

Original poster
52andblue · 07/10/2021 12:44

@Tellmeee
Thank you for your post. I am sorry you've been in this situation too.
My kids have SN. BUT in the area i was in they wouldn't even assess so no support avail. H & I agreed I'd move over to next county. New School suggested urgent assessment and both kids got NHS full dx. This took time, then exam yr, then Covid. Meanwhile H is in family house, pays no maintenance, I work but end up unwell from strain of F/T work and 2 kids with SN, SEN, and eldest has MH needs too.
So H 'agrees we can move back'. Only 1 month before, he moves out. Now I can afford the mortgage (has 4 yrs to run on fixed rate @VanCleefArpels then reverts to standard variable rate...) & other outgoings less here so all okay. But if I tell Santander he's left ???
He knows he can't apply for another mortage very easily. He tried (he wanted me to 'lend him' his Deposit out of the kids DLA...!) but was knocked back as he has low earnings / some personal debt.
I NEED a Separation then Divorce, but I can't lose the house over it as the kids have been through hell moving back & changing schools all to give them house security for the next 8 years. I can't lose it now simply by asking the wrong question to the wrong person.

OP posts:
VanCleefArpels · 07/10/2021 12:59

Your ex can apply to the court at any time for an order for sale. Do you want him to have this power over you or would it be better to be proactive and have some agency? Who knows where interest rates will be in 4 years when your fixed rate ends? Maybe a mortgage broker is the person to ask all these questions.

onthinice · 07/10/2021 13:13

They won't take his name off the deeds. I was with santander for my mortgage when I was getting divorced (joint mortgage with ex h) and they refused to help in any way, despite like you being able to comfortably afford the monthly repayments.

I had to leave the mortgage early (£7k early repayment charge!) and go to a mortgage provider who decided I could afford a mortgage on my own.

Go to a mortgage adviser who has access to the whole market and they'll find you a decent lender.

onthinice · 07/10/2021 13:15

Sorry, I meant they wouldn't take his name off the mortgage.

The deeds are dealt with by the solicitor who can sort out a transfer of ownership form that both you and your ex sign. This can only be done when the mortgage is sorted out.

Original poster
52andblue · 07/10/2021 13:16

@VanCleefArpels
No, I don't.
That's why I'm trying to get this hammered out in the Separation.
It may be that he stays on the mortgage, and title and deeds (can't see Santander agreeing to anything else tbh) and I have it written into the Separation that he agrees to waive rights to order for sale / proceeds at end of mortgage etc. He says he will (I think he will too)

So I might just see IF that can be done legally (Scottish courts prefer a clean break normally I am told but provision for other options)
But I guess I should still inform Santander? I am not sure another mortgage broker would know re this bit so I guess that brings me back to @Tellmeee 's points about a 'hypothetical question'. Ooof.

OP posts:
Original poster
52andblue · 07/10/2021 13:21

@onthinice

sorry x post with yours....

Yikes - so did Santander refuse to let you continue with the mortgage ? was that in both names, or a new one in just your name?

(sorry for 20 qu's and dont' mean to be nosy sorry)

My situation is that we are both content for him to stay on the mortgage so I'm not sure my informing them he's moved out is wise in circs if they'd pull that mortgage as I'd not qualify for a new one.

OP posts:
onthinice · 07/10/2021 17:39

I contacted them because my ex h wanted to come off the mortgage to buy a place of his own. That's when they said they wouldn't allow me to take on the mortgage on my own.

I'm honestly not sure whether you need to tell them that he's moved out if you're both still happy to continue being on the mortgage together.

I'm not sure if a legal agreement can be made that would absolve your ex of liability if you defaulted (not that you plan to of course, but it's something your ex will probably want to have some assurance against if his name is going to remain on the mortgage). Equally, you'd want to protect your fair share of the equity. Maybe this is a question for a conveyancer?

user1487194234 · 07/10/2021 17:46

If you won't approach Santander neither the title or the security can be amended
If your husband remains on the title he could force a resale at any point
I know you are saying he won't do this but things change
If he gets into debt or remarries there could be issues
The separation agreement will reflect your agreement (if he takes independent advice he will be advised against this)
It's not ideal but it would mean you could stay in the house at least short term

goldilockss · 07/10/2021 18:04

I work for a high street lender (not Santander) and you should be able to apply for a Change of Borrower (you might hear it also referred to as a transfer of equity). It's an application where literally everything about the mortgage remains the same except your ex will be removed from it. As part of the process you'll need a solicitor to remove him from the deeds of the property at the Land Registry and he'll need to sign paperwork to release him from ownership of the property and fully sign it/any equity over to you.

It will involve an affordability assessment to make sure you can take on the mortgage based on your sole income but if you fail this there should be an appeals process (eg the computer says no but here's your bank statements showing you can easily afford the mortgage payments and your other outgoings each month). At my place of work we require to see three months of you paying everything yourself but other lenders may be slightly different.

Please don't be scared to call the bank and speak to them, they will not revoke the mortgage I can promise you that. Repossession is always the very last option and worst case scenario. More realistically they may decline the application and you're stuck on the mortgage together until you either sell/change lender.
They also will not look you up online to see details of your separation as PP's have suggested, they don't have time for that and as cold as it sounds, they don't care what's going on as long as the payments are made.

I know this must be really stressful but the bank are there to help and support you through this, not pass judgment or take away your home! Please give them a call, just say you're separating and want to know what options are available if you were to take the mortgage on alone and they'll talk you through it all.

onthinice · 07/10/2021 18:54

@goldilockss "if you fail this there should be an appeals process (eg the computer says no but here's your bank statements showing you can easily afford the mortgage payments and your other outgoings each month). At my place of work we require to see three months of you paying everything yourself but other lenders may be slightly different."

I don't mean to derail the OP's thread but can I please ask if this is a process that all lenders have to follow? And is it something that should be highlighted to the customer or one of those things that the customer has to know about to ask, and if they don't then tough? Reason I ask is as I've mentioned up thread I was simply told no and then made to pay £7k in early repayment charges. I wasn't offered the chance to appeal or even told that was a possibility. I know lenders have to follow processes rigorously to comply with law so this has got me thinking if there might be some come back for me due to not being properly informed and given the chance to prove I could meet affordability. Thank you for any info you can give me.

Jmaho · 07/10/2021 20:48

I work in mortgages not for Santander. We wouldn't transfer mortgage into sole names if you couldn't meet affordability if it was a long way off. Perhaps if you were close we would consider it. But at same time we wouldn't revoke the mortgage it would just have to remain in joint names.

vivainsomnia · 08/10/2021 08:50

The problem OP is that you have no guarantee to find an interest only mortgage again. I didn't even think you could still get them in residential mortgages.

Also, interests rates are at a no time low and have been for a very long time now. There is no guarantee it will continue to stay so.

Him being on the mortgage but not the deeds is a very disadvantageous deal for him. No interest on the property, all the liability if you default. It would likely mean he can't get a mortgage for himself. He would be foolish, on his account to agree to that.

Jmaho · 08/10/2021 10:29

You can still get them but nothing like the old days. We still offer them but there is a large min income, it has to be low LTV and needs to be a large amount of equity at the time of application. They're now for pretty well off people where downsizing is a realistic option

neededafart · 08/10/2021 11:44

@52andblue

ie he remains on the mortgage, but Santander agree to remove him from Deeds / Title, I THINK is what the lawyer is suggesting?
But why would your ex agree to that?