My husband refuses to pay the mortgage

Posted on 25 April 2012 by faz


My husband is the sole owner of the matrimonial house and the mortgage is in his name, total left to pay is £173,000.  I have got matrimonial right with two kids aged 3 and 6 last year.  Now he refuses to pay mortgage, where do I stand?  Can the mortgage company will transfer the mortgage in my name if the council agrees to pay interest only mortgage as I'm on benefits now. How much I shall be earning to have a mortgage of £173,000 in my sole name?

Faz

I have passed your enquiry to our in house solicitors Rollingson's so that they can advise you of your legal position.  You should hear directly from them this week.

With regards to the mortgage I would not expect your husband's current lender to agree to release him from his mortgage covenants if you can not afford the payments without assistance from the Council.  Whilst the lender may not talk to you about the mortgage account you should call them and let them know your position so that they can make any decisions in possession of the full facts.

To afford the mortgage on your own and get it transferred or remortgaged to your sole name you would need to be earning around £43,000.  Depending on the lender they may allow you to include any Court or CSA ordered maintenance in this figure if you can provide evidence of it being paid for at least 6 months.

Peter

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.

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