How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33819
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Divorce and mortgage

Resolved Question:

I'm wanting to divorce after 5 years separation. But house mortgaged up to hilt (interest only) and no way do I want to force my ex-wife to sell - she can do so when she is ready.  We have 2 children, 10 and 13.   We are getting on amicably now but I am moving in with a new partner. There is no way on her current salary that she could take a mortgage out on her own. We went to family mediation 2 years ago and were told that in order for things to proceed, the only obstacle was getting my name off. Is this correct? Can I divorce but still have my name on the deeds? I'm currently on a debt management plan and have no immediate interest in buying a property anyway as am moving in with new partner.... Thanks.

Submitted: 2 years ago.
Category: Family Law
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.
have you reached an agreement in principle about what should happen financially?
Clare
Customer: replied 2 years ago.

Hi and thanks for getting back to me.


At mediation (last session was in January 2012), we agreed everything but were told that the only impediment was the removal of my name from mortgage deed. In the interim (yesterday in fact) I was informed that the mortgage company will not take her name off as she doesn't have sufficient income. I really want to move my life on and cannot believe that a divorce would not be processed after 5 years because the financial climate has changed.


Does this help?


Thanks


Andy

Expert:  Clare replied 2 years ago.
Hi
Are you willing to go ahead even though she cannot attain your release from the mortgage?
Clare
Customer: replied 2 years ago.

Yes. For me the most important thing is to be legally free. I appreciate that my ex and I put ourselves in a financial pickle and accept that until she decides to move my name is ***** ***** with the house. Would this be acceptable to the court?


Thanks


Andy

Expert:  Clare replied 2 years ago.
Hi
Not only acceptable - in fact it is what the court would expect!
There is in fact no requirement at all for the finances to be dealt with within Divorce proceedings unless the parties wish it to happen - and it is in fact always sensible to do this.
Within the divorce proceedings you can agree a Consent Order setting out the proposals that have been agreed - with a requirement that your ex "uses her best endeavours to obtain your release from the mortgage" - although it would be sensible to also set a long stop date of your youngest's child 18th birthday so that you are eventually released
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33819
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 3 other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters