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Mortgage and divorce - really need some advice

6 replies

stirling · 30/04/2017 19:31

Hello,

Can anyone please advise me on this very awkward situation? In a nutshell, I've been married to a serial adulterer for 14 years, 2 kids and as a result of the extreme stress I've had some horrendous health problems.

He's been wanting to leave since the start and is now demanding a divorce 3 weeks before I have an operation due. Two years ago I ended up going through a serious mental breakdown because I was sole carer for the children during the debilitating health issues that followed a brain haemorrhage, whilst he was busy being the over-excited 16 year old in a new relationship.

He's prepared to sign the house over to me in order to be shot of me. Trouble is, the building society won't put the mortgage into my name. I don't earn very much because I'm unable to work full time but he's prepared to continue paying expenses as he currently does, I expect out of guilt.

A solicitor has told me that no county court judge will agree to the case - ie where he ends up with nothing.
Yet it's his fervent wish to be rid of me, his sense of urgency that's pushing him to happily sign the house over to me and continue paying for the mortgage /household expenses (he has an extra income that he doesn't declare - to me or to anyone, he's a successful artist, at times gets lump sums.)
He currently apparently lives with his mummy who he worships.

Any advice on how I can get the building society to agree? And the judge to agree given that we're both in agreement about the house?

Thank you in advance

OP posts:
namechangedtoday15 · 30/04/2017 22:00

No solicitor will advise you to accept a situation where the mortgage is in your sole name, but you don't have an income to service that mortgage (even if a bank would agree). A mortgage is simply a loan - why would a lender agree to lend you money when you don't have a guaranteed income? They will be consider what happens in 6 months / 1 year / 5 years when he decides he's not interested in paying the mortgage because he meets someone else / changes his mind and he has no legal obligation to pay.

stirling · 30/04/2017 22:04

That's very true and it's a good point. Thanks. I earn enough to cover the mortgage - twice, but as I'm self employed, it's not seen as stable.
Its such a frustrating situation.

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m0therofdragons · 01/05/2017 10:20

Can anyone go guarantor for you? My friend's brother did it for her. He has no right to the property and she'd never put him in a position where he'd have to pay but it convinced the bank so freed her of her exh.

stirling · 01/05/2017 15:36

That's worth enquiring about, thanks for the suggestion!

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ShortLass · 01/05/2017 21:51

Look into the guarantor issue.

I once rented my house to a woman who was going through a divorce. She was named on the tenancy, but her husband was guarantor. It turned out that he was the one who was paying the rent, she didnn't pay it any of the months she was there.

stirling · 02/05/2017 17:30

Ok great, thanks

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