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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi I was just wondering whether you could help me, my marriage

Customer Question

Hi
I was just wondering whether you could help me, my marriage broke down two years ago and i moved out of the family home. As im not divorced yet i wondered how easily it would be to take my name off the property mortage. I havent contributed towards this for approx 20 months but did so for six years previously. Would i forfeit the rights to any divorce settlement if i did this?
thank you for any help you may be able to give me.
Emma
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
What income do you each have?
Claire
Customer: replied 3 years ago.

Hi thanks for getting back to me, the current property is valued between £153,000 and £171,000 oviously depending on condition and market for sale etc. The outstanding mortage is about £150,000 on an interest only mortage. We both earn around £25,000 a year.


Hope this helps


Emma

Expert:  Clare replied 3 years ago.
Hi
Is your ex willing to take over the mortgage?
Claire
Customer: replied 3 years ago.


Hi claire


Yes i think so, he has said in the past that he wants to keep the house and not looking to move. I personally dont think he can afford it but our little girl lives there part time aswell as living with me. All the belongings that are in the property are joint also.


Thanks emma


 

Expert:  Clare replied 3 years ago.
Hi
Are divorce proceedings planned?
Claire
Customer: replied 3 years ago.

Hi Claire
Not at the present time due to funds etc but obviously this will be the final outcome as we both have no plans to get back together as been separated for so long. We have both moved on now. We both are quite flexible regarding our daughter so it works for both of us at the present time.


Hope this helps


Emma

Expert:  Clare replied 3 years ago.
Hi
Will you be asking for a financial settlement at this time or would you just be content to be released from the mortgage?
Claire
Customer: replied 3 years ago.

hi claire
Im unsure what to do for the best as unsure whats in my best interest. If its worth now to be released from the mortgage as i know he has no extra income to pay for it then is that best for me for shall i ask him for an out of court settlement then the house is his?? Would it be easier to walk away with nothing or ask for what im entitled to if anything?


thanks emma

Expert:  Clare replied 3 years ago.
Hi
How important is it that you are released from the mortgage now?
Claire
Customer: replied 3 years ago.

Hi Claire
I have another mortage on a new property and i think its effecting my credit rating and obviously if my ex husband fails to pay it will effect me.


Thanks emma

Expert:  Clare replied 3 years ago.
Hi
The starting point is to find out what the current equity is in the property so you know what - if anything - you might be giving up.
Your ex will also need to see if in fact he CAN get you released from the mortgage - which will almost certainly also depend on the value of the property.
If there is any equity in the property then you will have to negotiate with your ex as to how it is dealt with.
If he is just as eager as you are to get you off the mortgage then it should be possible to agree that you will receive your eventual share at a later date. If not then you may have to sacrifice your share to get off the mortgage now
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi Claire


Thank you for your advice and service its helped me a great deal!


Emma

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Claire

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