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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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CAN YOU STILL HAVE A JOINT MORTGAGE WITH YOUR SPOUSE, AFTER

Resolved Question:

CAN YOU STILL HAVE A JOINT MORTGAGE WITH YOUR SPOUSE, AFTER A DECREE ABSOLUTE IS ISSUED IN ENGLISH LAW? ALSO, CAN YOU LEGALLY SIGN A DOCUMENT SAYING YOU HAVE NO CLAIM ON THE HOUSE WHEN IT COMES TO SELL, AND HAVE NO RIGHT TO FORCE SALE, BUT STILL PAY THE JOINT MORTGAGE MEANTIME?
KIND REGARDS, IAN
Submitted: 1 year ago.
Category: Law
Expert:  JustAnswerKM replied 1 year ago.
Dear *****Thank you for your message, I will do my best to help. I understand that you have received a Decree Absolute confirming that your marriage has now come to an end. This however, does not mean that any joint financial commitments you have with your ex-spouse has come to an end also. You will have to liaise with her directly and come to an agreement on how you are to split the finances. The mortgage lender will look at the affordability aspects when deciding who can be removed or remain on the mortgage. Yes you can have specific terms (such as the ones you mentioned) in a document which is called a 'Financial Order'. You can apply for this through the same Court that issued your Decree Absolute. You can either use the assistance of Solicitors to help draft the Financial Order or negotiate with your ex-spouse on the terms and draft it yourself. It all depends on the complexity of the Financial Order and how well you and your ex-spouse can work together. Most applicants use Solicitors for accuracy and to avoid conflict which could arise in circumstances like these. I hope that helps. Kind regards Krystel
Expert:  JustAnswerKM replied 1 year ago.
Please let me know if you need anything I mentioned clarified further. Kind regards Krystel
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Customer: replied 1 year ago.
perfect-many thanks
Expert:  JustAnswerKM replied 1 year ago.
Thank you for your rating. Best of luck

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