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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34704
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 partner and his ex wife have an outstanding mortgage

Customer Question

My partner and his ex wife have an outstanding mortgage debtto pay of around £40000. He wants to get a divorce and wants to split this debt, what does he need to get to make sure this happens?
Thanks.
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the property worth and what other assets are there

How long did they live together and are there any children involved

Customer: replied 2 months ago.
The house was repossessed over 5 years ago so the debt is from that, there are no assets at all. They were together for 14 years, been separated for 6 years, married for 9 years (still married). There are 3 dependents 2x20 years old and 1x11 year old. 2x20 do not have anything to do with either parent.
Expert:  Clare replied 2 months ago.

Who does the 11 year old live with and what income do they each have?

Customer: replied 2 months ago.
He pays maintenance of £190 a month, child lives with Mum mainly. He earns around 24,000, I have no idea what Mum earns, will be probably be half that.
Expert:  Clare replied 2 months ago.

What pension provision do they each have?

Customer: replied 2 months ago.
Just the statutory work based pensions but only since they came in.
Expert:  Clare replied 2 months ago.

What is the current position regarding repaying the debt?

Customer: replied 2 months ago.
Just paying below minimum to show willing, neither have any savings.
Expert:  Clare replied 2 months ago.

This is a joint and several debt so the mortgage company can decide to chase either or both of them.

It is not possible for the debt itself to be split in any way so far as the mortgage company is concerned

However within the financial side of the divorce proceedings your partner can ask the court to allocate a percentage to each of them.

The Court can then also make an Order that states that if either of them is forced to pay the mortgage company more than their allotted share then the other spouse will have to repay them.

The Court applictaion would be made after the Decree Nisi is granted - your partner would have to attend a Mediation Information and Assessment Meeting with a local Family Mediator first.

I hope that this is of assistance, please ask if you need further details