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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
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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Just want to ask you I have house on mortgage with my husband

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Hi just want to ask you I have house on mortgage with my husband but we are getting divorced and he agree that I can stay in the house while his name is ***** ***** mortgage anymore, but my new partner didnt pass credit check. So is there any other way I could remove him from mortgage ( I cant get this mortgage on my own) Thank you for your answer
Zuzana Orlovska
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?
What other assets are there and are there any children involved
Customer: replied 2 years ago.

Hi Clare,

when we bought house a year and half ago the value was 165000, still have to pay 120000 and help to buy scheme 33000. There are no children involved. Thank you

How much is it worth now?
Customer: replied 2 years ago.

Hi Clare, have no idea so I tried to do free valuation online and this is the result: lower estimate 140000, average estimate 165000 and higher estimate 190000 hope it helps. Thank you

Is there any family member who would be willing to come onto the mortgage with you?
Would your ex being willing to wait say two years to be removed from the mortgage?
Customer: replied 2 years ago.

Hi, I have only my brother live in uk and his credit score is very poor too, so I have no one to come onto the mortgage.

My ex was willing to wait cause I was pregnant, but I lost my baby two weeks ago and he said he doesnt care anymore he just doesnt want his name on mortgage. I was thinking if we cant go to the lawyer and make agreement that hes not responsible for payments or something like this till my partner improve his credit score. My ex is just worried that if he will be on mortgage he wont be able to buy another property. Its really hard situation for me cause I am living with my partner but paying all bills for house Im not even there. We were thinking to sell it but think there would be too much fees to pay

What fees are you referring to?
Customer: replied 2 years ago.

I mean like fees to the bank for paying mortgage early and fees to the agency if they help us to sell it

i am afraid that so long as his name is ***** ***** mortgage of the property your ex will not be able to get another mortgage.
Obviously if he is willing to wait for two years then you can sign a Declaration of Trust confirming that you will take responsibility for the mortgage and outgoings - and will either remortgage or sell the house after two years
If he is not willing to wait then sadly there is no option but to sell the house.
However you can argue that if he agrees to wait for say two years then he will benefit and there will not be a shortfall when the property is sold
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you