Mortgage after Divorce and Transfer of Title

Posted on 19 January 2012 by Rose


My husband and I are divorcing. We own a property jointly and have a joint mortgage. I don't work and he will be paying me substantial maintenance. He has also agreed to transfer his share in the property to me. Is it possible for him to continue to be a joint mortgagee (with me) even if he no longer owns a share in the property? If he can't, he is willing to guarantee the mortgage (if it has to be in my sole name). Please advise if possible. Thanks

Rose

It is possible for your husband to continue to be a joint mortgagee even though he no longer owns a share in the property.  Usually this situation occurs either when a lender refuses to release one party from their mortgage covenants because the remaining party does not earn enough to support the mortgage on their own or when the property title is transferred without the lender being made aware until after the title deeds are returned to them..

You should speak to your lender and find out how they would like you to approach the transaction and then each take independent legal advice.  There will be forms to be completed and no doubt an administration fee to be paid, in addition to any legal costs your solicitor will charge.

Peter

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