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?
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.
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