Divorce and Our Mortgage

Posted on 21 January 2012 by Lucy

My husband and I separated 3 years ago, he pays me maintanance and I have continued to pay the mortgage since then. I have now decided to file for divorce, do i need to tell the mortgage company when the divorce comes through? We have a separation agreemen in place from our solicitors which says I can keep the house until the kids are 18. As long as i continue to pay the mortgage do they need to know we are now divorced?


This will depend on whether there will be a change in ownership registered at the time of your divorce.  If there is then you are duty bound to advise your lender and indeed must get their permission before any such change goes through.  Failure to do so could be seen as a breach of your mortgage conditions and the ultimate sanction for your lender would be repossession.  If there is no change then you are probably not under any obligation to advise them, but to be sure you should check your mortgage terms and conditions.

I am unsure why you are reluctant to let your lender know and seem to want to keep them in the dark?  Perhaps you should have a hypothetical discussion with your local branch to put your mind at rest.


Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.

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