Selling on separation/divorce

Posted on 11 August 2010 by chiara

I am in the process of separating from my husband but we still live in the same house. We have a joint mortgage on our house and I would like to buy him out. However, he has told me he does not want to move out, but he can't afford at his income and age to buy me out. My only option seems to be to put the house up for sale. What is my legal position as the joint mortgage holder in this situation?


As joint homeowner and mortgage holders, you are both responsible for the maintenance of mortgage payments and you should make this your primary financial concern whilst you sort out who, if either of you, is going to remain living in the property. Lenders will not want to consider you for a mortgage if you have current or recent arrears regardless of income and/or age.

With regards to your legal position, you both need to take independent legal advice and work towards an amicable agreement.


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