Separation and the Mortgage

Posted on 5 February 2011 by trisha


I have been separated from my husband for over a year. We have a joint mortgage. I have asked my mortgage lenders to transfer the property into my name but they won't. What else can I do, as I dont want to be tied to him anymore? I want to stay in the house.

Trisha,

I don't know why your Lenders will not remove your husband from the mortgage, but I suspect that it is to do with affordability. Before removing someone who is responsible for making sure the mortgage payments are made and who in the last resort they can pursue for any outstanding debts any Lender will want to know that the parties remaining on the mortgage have the income to support it. This can make it very difficult when all you want is a clean break.

There are several steps that you can take if they are appropriate to your circumstances including:

a) reducing the outstanding debt to an amount that is affordable.

b) replacing the person coming off the mortgage with another person who can afford the mortgage.

c) getting a court order to remove your husband from the title of the property but not the mortgage. This would leave him in the position of having no further claim on the property but still being liable for the mortgage debt.

d) remortgage in your sole name to another Lender with a different affordability calculation.

I recommend that you speak to your Lender to find out why they have refused your request, it could be that your husband doesn't want his name removed and also find out what you would need to do for the request to proceed. You should also seek independent legal advice about your situation.

Peter

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