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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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I own a property with my ex husband, we are unable to sell

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I own a property with my ex husband, we are unable to sell because of negative equity and a secured loan on the property. We have reached a financial agreement and all bills pertaining to the property are being paid off. Our divorce is not finalised yet. We have been separated for three years and he resides in the family home. Will I be able to apply for a new mortgage?
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help
If you are remaining on the mortgage of the matrimonial home then you will have to look for a lender who will consider you for a further mortgage.
It is not likely to be easy so it would be best if you approached a Mortgage Adviser to help you find a potential lender
Please ask if you need further details
Customer: replied 3 years ago.

I was very aware that it was not going to be easy and have been in contact with a mortgage advisor, who gave me a number of options but advised me to seek some legal advise. I contacted this site to gain some legal advise As in what are my rights? Can I be named under two properties? Does my ex husband have any rights? However after 4 hours have been told something I already know.

I am sorry that you feel that my service was bad meaning that I get no credit for my time and which is not necessary for and does not trigger a response.
I am uncertain what legal advice your adviser thinks you need.
You can own or have an interest in as many different properties as you wish and can afford
From what you are saying your ex husband has the benefit of remaining in his home, and if you have a final Consent Order setting out the financial agreement you have reached then he will have no claim on your new property.
Whilst you have not asked about or told me what financial agreement you have reached I would strongly advise that you ensure that there is a provision for you to be able to force a release from the joint mortgage at some point in the future for your own protection
If you need further information on that point then please ask
Clare and other Family Law Specialists are ready to help you