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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6461
Experience:  Senior Associate Solicitor
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I wondered if you could help me with something. I am married

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I wondered if you could help me with something. I am married to my husband & we own a mortgage together- i am currently wanting to
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: move out and cancel the mortgage
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: no nothing yet
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

When you say cancel the mortgage I presume you mean come off the mortgage? And to split from your husband (or divorce)?

Customer: replied 2 days ago.
Yes thats what i mean
Customer: replied 2 days ago.
He not necessarily wants to sell the house, but i definitely wantto take my name of mortgage- what does it intale ,what cost, who carries cost

OK, what would you like to know? How to petition for a divorce? or apply for a judicial separation?.

To take your name off the mortgage either your husband takes out a remortgage on the property (and there is a transfer in to his name only) or the property is sold (both your names come off the mortgage as it is then redeemed). You could apply to force a sale of the property if your husband does not want to to sell or he cannot buy your share.

Customer: replied 2 days ago.
I dont belive he would be able to get a mortgage on his own. I am not desperate to get divorced straight away. How would i start taking my name of mortgage? How much would this normally cost? Also would be both pay for that or is it just me who requested this

He would have to agree to it, or you can ask a conveyancing law firm to apply to severe the joint ownership (so you then have a distinct share) and you can sell your share to someone else, Or you can apply to force a sale, either way your name comes off the mortgage.

I can recommend the following law firm to handle this for you: https://www.blasermills.co.uk/contact

But any reputable law firm which deals in conveyancing can help. The above is just an example but they are recommended.

In terms of costs, it is quick and easy to sever the joint ownership but I can't say how much for sure as each law firm is different. You would usually be liable for the cost unless your husband also agrees in which case you can share the cost.

This is the firm: https://www.blasermills.co.uk

Customer: replied 2 days ago.
When we bought the house - he paid for the deposit - we signed if something was to happen to him the money would belong to the kids - he got a son from previous relationships and we have a girl together- he said if we sell the house i would have to give him back the deposit is that correct?

If you want a separation then you can also ask the family court for an order in relation to the house.

No, the deposit is matrimonial property - the money is not separated like that as you are a married couple so the money is "mingled", if that makes sense. You should ask for 50% of the equity of the house sale. He may ask for more than 50% as he has contributed more to the property (the deposit) though.

You can sell the property and that would give you each a fresh start. You can either apply for a judicial separation (and then a financial order), or a divorce (if you want to dissolve the marriage) and again, apply for a financial order.

If you disagree and cannot come to an agreement, you can ask the local family court to assess a split of the finances and also to deal with the property.

Assuming your husband eventually agrees to a settlement then you can have a consent order drawn up to bind the parties to the agreed terms.

The court will consider Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your husband), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, and so on.

The starting point is 50% but if there is a disparity in earnings or you have paid more in the way of mortgage/rent, etc, you can ask for more than 50% of the former matrimonial home. It would be worth speaking with him to see if he would agree to any split without having to involve the court.

If nothing can be agreed then you would need to issue financial remedy proceedings once decree nisi comes through (if you start divorce proceedings), or obtain a decree of judicial separation, so you ask the court to become involved in a financial settlement as well as the divorce.

Before you involve the court with the finances you need to contact a local mediator which is compulsory before you ask the court to intervene in the financial aspect. You can find a local mediator here :

https://www.familymediationcouncil.org.uk/find-local-mediator

Assuming mediation fails or your husband doesn't agree to mediation then you will need to issue financial remedy proceedings and you would need to complete and send two completed copies of Form A (one copy is attached) to your local family court and pay a fee of £255 payable to HMCTS. If you are on a low income or have low savings you can ask the court for help with the fee here https://www.gov.uk/get-help-with-court-fees

The court will then list a first appointment and give directions for a financial dispute resolution hearing (FDR) where the judge will give their opinion on a likely settlement - which usually prompts a settlement at this stage. The court will ensure the parties make full and frank disclosure of their assets and liabilities to ensure the financial positions of you both are known and to allow the court to make a settlement decision. If the case does not settle, further directions will be given and a final hearing may take place if neither of you can agree to settlement terms.

To apply for a judicial separation, the site is here: https://www.gov.uk/legal-separation

To apply for a divorce, the site is here: https://www.gov.uk/divorce

And for information on a financial order: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Finally, if you need money before the divorce finalises you can apply for “maintenance pending suit”, which means you ask the court for an order that your ex pays you support to help with bills and so on before the case finishes. You will need an application form under Part 18 of the Family Procedure Rules 2010 and the fee is £155. You would need to attend a hearing for this.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 2 days ago.
Okay thats good to know - so potentially all we need to pay is to take my name of mortgage Or sell the property and i get half - because we married. I dont owe him the “deposit”money

No, you do not owe him - you are married so you have matrimonial property which includes the money used for the deposit. You split the assets (neither "owes" the other).

JimLawyer and other Law Specialists are ready to help you

please let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Have a good evening

Jim

Customer: replied 2 days ago.
I think for now everYthing is good thank you

Thank you, have a nice evening.