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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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My daughter and ex have divorced. Ex husband has remarried.

Customer Question

My daughter and ex have divorced. Ex husband has remarried. Daughter does not have income to convince mortgage company to release husband from mortgage. So title deeds cannot be changed. Husband willing to walk away from the property and remain on mortgage in exchange for money. He has sent a letter saying all this. It is her parents (me) who supply the money. Family Law solicitors cost £90 just for initial chat.(£190+vat per hour). What documents are likely to be needed to make the first visit be productive?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. You should bring a copy of the mortgage, copy of the title deeds or Land Registry Folio to the property, a copy of any agreement or correspondence with the husband whereby he states he will walk away in exchange for money and some evidence of your (parents) ability to pay any sum due. That should be sufficient. Secondly, just as an aside, you might consider whether it might be possible for your daughter to obtain a fresh mortgage as interest rates are much lower than in previous years. Some arrangement whereby you guarantee part of the sums due on the mortgage might work better as it would mean that the husband would be out of the picture and there would be no need for payments to him. This would be a cleaner solution.
Expert:  Buachaill replied 2 years ago.
2. Secondly, your daughter should also take a copy of her marriage certificate if it is a first consultation about divorce, as well as any agreement she has reached with her husband in relation to the other aspects of the marriage, such as children, finances and pensions. A copy of any pension plan or her or her husband should be brought along.
Customer: replied 2 years ago.

I found a local solicitor that gave a free telephone chat. As part of that chat he informed me that some mortgage companies include a clause in the mortgage contract where borrowers are permitted to change the equity split. My daughter phoned the mortgage lender (Santander) and yes they would allow the equity split to be changed without touching the mortgage. Hence their title deeds can be changed to be in her sole name, with the ex- still on the mortgage.

Expert:  Buachaill replied 2 years ago.
3. I am delighted to hear that Santander have agreed to this course of action. It will make things much easier and avoid messy arrangements upon divorce. However, her soon to be ex husband will still have to agree to him remaining on the mortgage and having a liability in relation to it. I am happy to help if you have further queries.