Divorce house arrangements

[Redebs]

A friend of mine 'M' has been separated from her husband for 3 years due to his unreasonable behaviour abusive and fortuitous abandonment. They have a young primary-aged son together. She works full time and child has residency with her. Dad has son for one day/night a fortnight.

They have a joint mortgage on shared HA house, although she was paying it because she was main (often sole) earner.

At times he has told her he wants her to sell and pay him half, but that would leave her and son homeless. He is currently agreeing to allow her to take over mortgage herself and she wants to go ahead with this.

Would it be straightforward? Would she have to get a new mortgage? Would she be paying more? They were previously assessed on joint salary.

They also have a joint bank account for bills, which he has not taken money out of for some time, but refuses to allow to be changed to single account for her. Bank is aware of situation. Can she have him removed from account, or does she need to set up a new one and new DDs etc?

She’ll need a mortgage approved in her sole name only

They also need to agree his share in order to buy him out and might need to increase the mortgage to do this

a discussion with mortgage advisor and solicitor would be a good idea

She needs a solicitor to get it in writing that he agrees to her taking over the mortgage and she can either stay in house until child is 18, then sell and give ex an agreed percentage, or pay him now or at an agreed date in the future. She can’t remove him from joint account, but she can open up another in her single name and set up DD from that and transfer his money over from joint account. Although by the sounds of it, she really needs legal advice on everything.

Thank you both. I will suggest that. I have no idea about these things, but didn't want her to leave it much longer in case he changes his mind again. At present he's willing to walk away and just hand it over to her because it's only been a few years

Make sure whatever she agrees to that his share in the future is documented as to exactly what he will get when and whether he can force a sale for this OR that his claim to the property is entirely removed.

Will tell her👍

She needs a solicitor and get everything legally documented and signed as minimum.

Her best route is to get a divorce with financial and custody sorted at the same time. He could come back in ten years and take half of her house, her savings, her pension...