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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:
vivainsomnia · 08/10/2021 12:11

So in all likelihood, you'll only manage to get another interest oy, if you are very lucky, if your husband remain on the mortgage and indeed why would he do that and agree to be removed from the deeds.

It's not a very realistic plan unfortunately.

NoSquirrels · 08/10/2021 12:16

Can’t you just call and discuss it in a “my DH and I are considering our options in the event of a separation” way?

Original poster
52andblue · 08/10/2021 14:51

Yes I think I should call them to ask in a general way.
The current mortgage is 3.5 times my income. I am aware that many benefits are probably not included in income calculators so the ratio would be less good than that, even. I imagine there is zero chance they'd let me 'take over the mortgage' solo. The question is whether they will alter any docs re 'ownership' whilst exH remains on the mortgage and therefore jointly & severallly liable. Again, I can't see it.
therefore, my only option is if exH will sign a separation agreement to say that he is wiling to remain on the mortgage but give up any claim to the house / not force sale.. Why would he do that? Guilt, I think. (plus he gets to walk away having 'given me a house' in his own head). Of course all I have is 8 years to live here as long as I can pay the mortgage. That is better than my other options, imo.

OP posts:
bigbaggyeyes · 08/10/2021 14:59

In England but it might be the same. My mortgage provider wouldn't give me a mortgage on my own (I was working pt), so my exdh stayed on the mortgage, but paid nothing towards it. I paid it all from when he left. He signed a 'deed of trust' via a solicitor that meant he was entitled to half the equity, at that particular point in time, only when my dc were at a certain age or I sold the house. Any further equity due to me paying the mortgage or house prices etc was then mine and mine alone.

Original poster
52andblue · 12/10/2021 15:58

So, I called to ask in a general way.
It looks like I wouldnt' pass the affordability test to take over the debt just in my name but even if I did then it would convert to a repayment not an interest only mortgage so that is no good.
I then asked whether H could be removed from the Deeds / Title but stay on the Mortgage it it was done legally. The advisor said 'yes, but it would need a Judge to rule that'. Hmmm.

So I called my Scottish lawyer to explain all this & she said that if exH granted a Disposition then Conveyancing could be done to transfer his half of the house to me which would update the Title in (terms of ownership not the mortgage) so legally it would be sorted.

BUT then a copy of that new title would be sent to Santander.
I am still slightly worried that at that point there would be a problem at their end as that is not a judgement given by a Judge ?
If they pulled the mortgage then I / we could not afford the same again on a repayment and the house would need sold which neither exH or I want as it is stability for kids with SN.

OP posts:
user1487194234 · 12/10/2021 17:56

To be honest I think that would be a breach of your mortgage conditions,but I suppose if your solicitor thinks it's ok then maybe it is

Original poster
52andblue · 14/10/2021 08:56

Update:

Spoke to lawyer again to find out exactly what I need to ask lender.

Called them & discussed specifics. They will confirm ok to change Title as long as mortgage remains the same by letter. Then I can go ahead and get lawyer to write to exH and see if he will do what he says. Fingers crossed.

OP posts:
NoSquirrels · 15/10/2021 09:00

That sounds hopeful! Fingers crossed.

Booboosweet · 15/10/2021 17:11

How will he house himself if he effectively relinquishes any claim on the equity in the house?

Original poster
52andblue · 16/10/2021 20:03

He chose to move out and rent @Booboosweet
He chose to walk out during difficult times when kids were young (he said he found 'having disabled kids stressful & embarrassing')
Unlike me or either of his kids, he is able bodied (& fully employed).
He will be fine.

OP posts:
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