Should I sign over the house but stay on the mortgage?

Posted on 26 August 2012 by stacy


My ex husband (divorced) wants to take my name off deeds yet cant take me off mortgage for 4 years, is this advisable or a pointless and maybe risky decision, i have the transfer papers off his solicitors, my solicitor said its fine but iv been advised il stil be liable if he doesnt pay mortgage and so to wait 4 yrs til he can transfer deeds and mortgage all together? your help would be greatly appreciated

Stacy

All the time you stay on the mortgage you will be liable for ensuring the mortgage payments are paid in full and the debt repaid within the terms of the original contract.  There is a joint and several liability meaning that both your and your ex husband are responsible for the mortgage payments and for any loss made on the sale of the property if it is repossessed.

I think you need to speak to your solicitor and clarify these points before deciding whether you want to have all the liability with no claim on the property.

Peter

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