Posted on 2 August 2012 by Jackie
My husband has failed to pay the mortgage for the last 2 years on and off. We are now in arrears and have to go to court in September. I have written to the lenders on his behalf requesting that the arrears are added to the mortgage. They have declined to do this.
I have been paying the mortgage. We are separated and I would like to buy the property off him or have him transfer it in my name.
As you are no doubt aware the mortgage payments are a joint and separate commitment and both you and your husband are responsible for making sure the mortgaqe payments are made, in full and on time. With this in mind and the pending application for possession I can not see the lender agreeing to transfer the mortgage into your sole name. Neither can I see another lender agreeing to remortgage the property for the foreseeable future.
I recommend that you get independent legal advice about your current position and make sure that you are properly represented at the Court hearing in September. I have forwarded your enquiry to our in house solicitors, Rollingson's and you can expect to hear directly from them regarding your options.
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.