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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33536
Experience:  Over twenty-five years experience
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I separated from my wife in Jan 14, although I had been

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I separated from my wife in Jan 14, although I had been sleeping on our sofa for several months prior to this. We have a fair amount of debt and agreed to split it, which meant I had to take a loan to give her to balnce the amounts. I had no plans pursue any interest in our house. We have reached a point where divorce is the next step and have already reached impasse over the mortgage. She is unable to remortgage on her salary alone and has asked for a further £15k from me. This of course is not going to happen, especially now that I am unemployed, following redundancy. Which brings me to my question(s) - Are we able to divorce and keep the financial settlement separate? And can she remove me from the mortgage without remortgaging?
Thank you for you help
are there any children?
Customer: replied 2 years ago.

No children

You so not need to sort out the finances at the time of divorce but is usually almost better to do so at this time if you are seeking a clean break. Normally the mortgage company will want there to be a remortgage to get your name off of the mortgage. This is something however that she is going to negotiate with the mortgage company - this is often why properties (to downsize) happen when people divorce. happy to discuss but please rate positively. Thanks
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Customer: replied 2 years ago.

Thank you

my pleasure
Customer: replied 2 years ago.

If I may expand on my question? (happy to leave a bonus).

How can I force her to either negotiate with the mortgage company to remove my name or sell the property?

Also, I wish to divorce on grounds of 2 years separation. Although I moved out in Jan 14, we were living separate lives for several months before - not sleeping together etc

The easiest way is that you contact the mortgage company and advise them of the situation and that you want to come off the application. that is fine
Customer: replied 2 years ago.

Ok thank you

Sorry, just to clarify? You said that is fine. Does that refer to my question about the separation?

Yes - sorry but if it is agreed you can simply divorce for unreasonable behaviour
Customer: replied 2 years ago.

Ah I see, I don't think that she will go along with that. So I think getting her to agree the 2 years is better

Thank you again

my pleasure