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Category: Family Law
Satisfied Customers: 129
Experience:  Expert
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My husband and I are getting a divorce. I am keeping the

Customer Question

My husband and I are getting a divorce. I am keeping the house and we have agreed a payment of equity to him so he can move on. I will
Paying the whole mortgage and we are having a contract drawn up
Which will detail how he has had his share from it and is entitled to no
More in the future. However because we need to keep his name on it for the mortgage company to be happy with affordability I am wondering whether I’m still, at this stage, able to take his name off the land deeds?
Submitted: 11 days ago.
Category: Family Law
Expert:  ChrisB4147 replied 11 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

Expert:  ChrisB4147 replied 11 days ago.

You can only take his name off the land deeds if you can get a mortgage in your sole name. Therefore, because the mortgage will be in joint names, the land deeds shall have to remain in joint names as well.

Expert:  ChrisB4147 replied 11 days ago.

Usually the agreement will indicate that you will use your best endeavours to release him from the mortgage in due course (remortgaging into your sole  name). You will usually also include an indemnity for your ex-husband. This would mean that if the mortgage payments are not made for any reason and the mortgage company came after your ex husband (because he still registered with them) then your ex-husband could make a claim against you for anything he has to pay to the mortgage company.

I hope that I have answered your question? Simply reply back if you require additional information and I will be happy to help with any follow up questions.  Thank you and I wish you all the best and hope the matter gets resolved.