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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son has shared care for his two girls and has kept the

Resolved Question:

My son has shared care for his two girls and has kept the family home. His wife is private renting and wants to take her name off the mortgage .my son will not get a single mortgage on just his income.can she false him to sell and can she take her name off the mortgage? She is doing this as she says she wants her share of the house which we estimate to be about 20,000 pounds. My son does not know what to do
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Have they reached a financial agreement to settle the matrimonial finances as part of a divorce?

-Has he made enquiries with the mortgage company to transfer the mortgage to his sole name?

-What is the £20,000 based on and how was it calculated?

-How old are the children?

Customer: replied 11 months ago.
No agreement has been made at the moment and they are not talking divorce.
My son has asked the mortgage company for advice and was told he would have to get a single mortgage in his name which he won't get at this time because of his credit score
The 20,000 is based upon the value of the house through zoopla and although not always accurate it gives us an idea on the value. I might also add that the mortgage is an interest only
Customer: replied 11 months ago.
The cHildenborough are aged 5 and 8
Customer: replied 11 months ago.
Could you tell me if you have received my previous message.I have made the payment but still had no reply
Expert:  Harris replied 11 months ago.

Thanks for confirming. Unfortunately, if the mortgage company will not agree to transfer the mortgage to his sole name and if he cannot obtain a remortgage in his sole name, it cannot be changed. She can attempt to force a sale through the courts however, this will be unreasonable as it will make him homeless and not allow the children to stay over until he finds suitable alternative accommodation.

There is a further option in that they can sign a deed of trust stating who owns what shares upon payment of the lump sum mentioned, and for him to be solely liable for the mortgage and indemnify her if the mortgage company attempt to pursue her for arrears.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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