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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35044
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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Divorce and mortgage

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I'm wanting to divorce after 5 years separation. But house mortgaged up to hilt (interest only) and no way do I want to force my ex-wife to sell - she can do so when she is ready.  We have 2 children, 10 and 13.   We are getting on amicably now but I am moving in with a new partner. There is no way on her current salary that she could take a mortgage out on her own. We went to family mediation 2 years ago and were told that in order for things to proceed, the only obstacle was getting my name off. Is this correct? Can I divorce but still have my name on the deeds? I'm currently on a debt management plan and have no immediate interest in buying a property anyway as am moving in with new partner.... Thanks.

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
have you reached an agreement in principle about what should happen financially?
Customer: replied 3 years ago.

Hi and thanks for getting back to me.

At mediation (last session was in January 2012), we agreed everything but were told that the only impediment was the removal of my name from mortgage deed. In the interim (yesterday in fact) I was informed that the mortgage company will not take her name off as she doesn't have sufficient income. I really want to move my life on and cannot believe that a divorce would not be processed after 5 years because the financial climate has changed.

Does this help?



Are you willing to go ahead even though she cannot attain your release from the mortgage?
Customer: replied 3 years ago.

Yes. For me the most important thing is to be legally free. I appreciate that my ex and I put ourselves in a financial pickle and accept that until she decides to move my name is ***** ***** with the house. Would this be acceptable to the court?



Not only acceptable - in fact it is what the court would expect!
There is in fact no requirement at all for the finances to be dealt with within Divorce proceedings unless the parties wish it to happen - and it is in fact always sensible to do this.
Within the divorce proceedings you can agree a Consent Order setting out the proposals that have been agreed - with a requirement that your ex "uses her best endeavours to obtain your release from the mortgage" - although it would be sensible to also set a long stop date of your youngest's child 18th birthday so that you are eventually released
Please ask if you need further details
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