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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I hv been separated fromy husband for over 9 years and I have

Customer Question

I hv been separated fromy husband for over 9 years and I have paid the joint mortgage myself without default ever since. My house was left to me mortgage free originally but I put it into joint names when we mortgaged it to set my husband up in business. Unfortunately his business failed as he gambled away the mortgage money and subsequently out marriage failed.
He moved out of my home leaving me with 7 months back payments on the mortgage, a tepossession order kn mh home, unpaid utility bills and various other debts which I was j aware of.
In the past 12 months I have finally repaid loans taken out to repay the back payments on theory gage, utility debts and the other debts plus £12,500 debts he also racked up in his name which went to court and were secured against my home.
My ex husband has agreed to transfer the property and mortgage into my sole name but the bank sees me as a credit risk due to all the loans I have had to take out to repay his ex husbands debts even though they are now repaid.
All I want to do now is sell my home and downsize to a more affordable property without my husbands knowledge as I have agreed to pay him £5k and have paid off all his debts as the divorce settlement. I do not want him to have any more money out of my estate and our children's inheritance than he already has and if I sell now with his name still on the title deeds and mortgage he will DEFINITELY want more money.
My ex husband has signed the relevant forms to the bank to give his consent for me to take on the mortgage in my sole name and Is happy for the title deeds to transfer solely to me.
As the bank won't agree to transferring the mortgage to my sole name can JUST the title deeds be transferred to me solely and then I sell and pay off the mortgage in full without me having to give him anything? is it possible just to transfer the title deeds if a joint mortgage is secured on the property?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How much were the debts that you paid off?
How far have the divorce proceedings reached?
Clare
Customer: replied 2 years ago.

Hi Clare


Thank you so much for coming back to me. The information you needn't is as follows:


 


House has just been valued at between £875k to £900k.


 


The amount out standing on the mortgage is £62,780


 


The debts secured on the house in my husband's name was approx £12,500. When he left the mortgage had not been paid for 7 months and a letter from the bank was sent threatening repossession which I opened before my exhusband had intercepted it.


the electricity account was o/s and the gas account was so late they installed a meter which I not only had to pay off the arrears I also had to pay off £250 to get the meter taken off and put back onto an just invoiced account.


I borrowed £5000 off a friend to cover the late mortgage payments and utilities and other debts.


 


The decree absolute has been placed with Reigate county courts and I am awaiting confirmation from them through my solicitor that I am divorced.


 


As part of the matrimonial settlement my husband agreed to me paying off his debts on the house, paying him £10k of which I have given him £5k a already. I have also agreed to pay his conveyancing charges.


 


Surely the fact I have paid the mortgage for 9 years, madeimprovements outn the property, paid bills etc non of which he contributed to can be taken into account?


 


If he is prepared to simply sign title deeds over to me what I then do with the house is . Up to me??? I want to ensure a secure future for my children plus I had a heart attack followed by aquadruple heart surgery at the end of last year. I need to ensure my children have security should anything happen to me.


 


Thank you Clare. I look forward to hearing from you. Hope the above helps.


 


Sam


 

Expert:  Clare replied 2 years ago.
Hi
That is a very substantial equity - how long did you actually live together?
Clare
Customer: replied 2 years ago.
Hi Clare
Did you receive my response earlier about how long my ex-husband and I lived together?

Sorry to chase you!

Sam
Expert:  Clare replied 2 years ago.
Hi
sadly no it has not come through!
Clare
Customer: replied 2 years ago.

Ok ill try again. Sorry Clare I don't know why my response did not come through to you.

Sam
Expert:  Clare replied 2 years ago.
Hi
That is fine - how long were you living together?
Clare

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