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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I are going through ancillary relief proceedings.

Customer Question

My wife and I are going through ancillary relief proceedings. My wife wants to stay in the former matrimonial home but is unable to release me from the mortgage - I am happy to transfer my equity in the property to her as long as I do not remain on the mortgage as this will prevent me from buying a property in the future.

Can a judge order me transfer my interest to her but remain on the mortgage - any case authorities would be really helpful
Submitted: 2 years ago.
Category: Family Law
Expert:  cmd2008 replied 2 years ago.

cmd2008 :

Hi. Unfortunately the lender is the one who makes the decision. If your wife is unable to take the mortgage on alone, then the court may order the sale of the property depending on your circumstances. There is no court who would order a lender to accept this situation. To answer your question, the court could order the transfer but it would be for your wife to obtain the consent of the lender to the transfer of the mortgage and consequently the property.

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you been married and are there ant children involved?
How much is the house worth an dhow much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare

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