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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34583
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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Still haven't heard from my husbands solicitor since

Customer Question

Still haven't heard from my husbands solicitor since disclosure over 3 months ago? There is no money to give him right now until the children are 18 and I have offered to take the mortgage on? We have a buy to let mortgage and I am now living in this property we both were until separation. I want to move to a residential mortgage ASAP what would you advise? Also the solicitor still hasn't severed the tenancy on the house would you advise that he does this? Can I get a mortgage solely on my own even if the divorce has not been finalised?
Submitted: 21 days ago.
Category: Family Law
Expert:  Clare replied 21 days ago.

The way forward is for you to issue the court applictaion for the finances to be dealt with

This will lock you into a court set timetable which will result in a final court order if no agreement can be reached.

Severing the joint tenancy is always a two edged sword - but you do not have to be divorced to get a mortgage in your sole name

Please ask if you need further details

Customer: replied 21 days ago.
Can I apply to get a mortgage in my sole name even if my husband is on the deeds of the property?
Customer: replied 21 days ago.
I have asked him to go to mediation but he has refused. Do I persevere?
Expert:  Clare replied 21 days ago.

You have to attend a Mediation Information and Assessment meeting then you can apply to the court.

You can get a mortgage - but you will not be able to remortgage your current home without either buying him out or his agreement

Clare and other Family Law Specialists are ready to help you
Customer: replied 13 days ago.
Just wanted some advice following on from before thinking about sending a proposal letter. Proposing that he signs the house over to me and the boys comes off the mortgage. I can remortgage for £210,000 on my own as we currently have £250,000 mortgage. Solicitor has advised to offer £40,000 as a clean break considering all aspects of contributions etc at this time. I can only raise £15,000 at this time. What would your advice be? Just want to make sure I'm doing the right thing?
Expert:  Clare replied 13 days ago.

I am a little confused - how would you raise that sum?

Customer: replied 13 days ago.
am I.. By putting myself in to debt by borrowing the money. We are at stale mate... What would you say would be the most sensible way forward?
Expert:  Clare replied 13 days ago.

If you cannot release him from the mortgage - and you say that you cannot raise a large enough mortgage to do so - then there is little point in offering him a lump sum at this point - so go back to the thoughts we discussed last time!