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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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There! My husband is about to leave me after just 3 years of marriage.At the moment he

Resolved Question:

Hi there!
My husband is about to leave me after just 3 years of marriage.At the moment he is paying the mortgage monthly payments though it is in joint names. He only wants a small pay off as he is financially secure and he only wants what he has put into the house.I would be left with the remainder of the mortgage which I could only afford with the help of my parents. I do not want to sell as it is the family home and I also have the stress of going through chemotherapy.
When my husband leaves my mother will move in to look after me. It is not possible for me to move in with my parents.
Is it possible to keep the mortgage in my name only although my parents will be paying almost half, they do not want to commit themselves to signing legal documents 2nd mortgage etc
There are no children involved.
In anticipation
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
My name is Clare
iI shall do my best to help you but I need some further information first
How much us the house worth and how much is outstanding on the mortgage.
Will the mortgage company agree to your having the mortgage in your sole name?
Clare
Customer: replied 1 year ago.
The house has recently been valued at £300 thousand. The outstanding mortgage is £87,000. I have not yet approached the mortgage company.this is the reason I am making the enquiry. My husband is aware of the valuation.
Wendy
Expert:  Clare replied 1 year ago.
What income do you have?
Customer: replied 1 year ago.
My current take home pay is approx' £1200 per calendar month. This will reduce once I take sick leave ,as my company has already paid for time off work previously. I would have to seek disability allowance and carers allowance.Hence my parents offer of help.
Expert:  Clare replied 1 year ago.
What is your annual wage?Is there going to be a divorce?
Customer: replied 1 year ago.
My annual wage is £25,000 per annum. It has drastically reduced due to my illness.Now going on 2 years I have bowel and liver cancer. Having been back at work for 7.months and on a rehabilitation programme it has reared its ugly head.
Yes there will be a divorce.
Expert:  Clare replied 1 year ago.
I am so sorry - that is a hard road.Would your parents be willing to Guarantee your mortgage?
Customer: replied 1 year ago.
It was their suggestion to help me out ,the reason mum would stay with me help pay the bills etc
Their house would be collateral, is that the word,but not spoken to them about that yet.Its all early days and were trying to
explore different avenues.The reason we didn't want a 2nd mortgage is we didnt want the time factor to extend.At the moment there is 12 years left. I have some savings and thinking positively my parents wouldn't have to help me out that long.
It is the short term were thinking of and eventually I would have to sell but at the moment its the last thing I want to do as the pressure is on. Not from my husband cos he just wants out!
Expert:  Clare replied 1 year ago.
Just to check - I assume that your husband will insist on being released from the mortgage?
Customer: replied 1 year ago.
That would be a definite yes.
Expert:  Clare replied 1 year ago.
Hi
I feared as much.
Your starting point is to approach the mortgage company and ask if they will release your husband from the mortgage either with or without your parents as guarantors
Do NOT tell the mortgage company that they will be paying half the mortgage - simply say that they will give you financial support OF you are not able to maintain the payments.
In addition make sure that you get the agreement that you and your husband have made recorded as a Separation Agreement if nothing else!
Please ask if you need further details
Clare
Customer: replied 1 year ago.
That's just the answer I needed to hear. Thank you so much. It was a bit difficult not seeing you face to face and have all paperwork to hand but it helped because i didn,t get tongue tied and blubby!!
Wendy
Expert:  Clare replied 1 year ago.
You have a great deal to contend with - you are allowed to get tongue tied!
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Cheers ***** ***** X

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