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Solicitor4All
Solicitor4All, Solicitor
Category: Property Law
Satisfied Customers: 7843
Experience:  Director and Principal Solicitor. UK
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I have a mortgage with my husband but we are separating. He

Customer Question

Hi
JA: Hi. How can I help?
Customer: i have a mortgage with my husband but we are separating. He only paid 11months to the mortgage & i continue for 5 more years. Can i put the mortgage only under my name?
JA: Because real estate law varies from place to place, can you tell me what location this is in?
Customer: Birmingham, England. UK
JA: Has anything been filed or reported?
Customer: reported to where?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: If i divorce him first, can i put the mortgage solely to my own name?
Submitted: 17 days ago.
Category: Property Law
Customer: replied 17 days ago.
Btw we are married in the Philippines but we are both Naturalised British citizens
Expert:  Solicitor4All replied 17 days ago.

A very good day to you there, how do you do?

Expert:  Solicitor4All replied 17 days ago.

My name is Solicitor4All a law expert with over 15years practice. I will be helping you this afternoon. Thank you for the inquiry.

Expert:  Solicitor4All replied 17 days ago.

First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through Please leave the inquiry with me and i will prepare a response for you here this afternoon. Thank you.

Customer: replied 17 days ago.
Hi. I’m good thanks. How ar doing?
Expert:  Solicitor4All replied 17 days ago.
Thank you for your patience. With his and the lender’s agreement yes you are able to of a one the affordability checks will confirm that you can afford it. Do not forget however that as joint tenants your shares are not determined by contribution so as part of financial settlement he can still claim 50/50 and you would want to negotiate out of court  settlement where you offer to buy him out at an agreed sum.
Expert:  Solicitor4All replied 17 days ago.

Any follow up please do not hesitate to send your message. Always glad to assist and to clarify anything. All the best.

Customer: replied 17 days ago.
Hi. If he agreed that i can buy him out before divorce, can he still claim 50% shares in the mortgage once i sell it with or without our divorce?
Expert:  Solicitor4All replied 17 days ago.

Not if he agrees and you have a settlement agreement which takes the property out of family pot for divorce Settlement.

Customer: replied 17 days ago.
Do i need a solicitor to come up with settlement agreement?
Expert:  Solicitor4All replied 17 days ago.
Ideally yes if you do not trust thd two of you will draft a clear and robust agreement.!