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Help and advice needed property and divorce.

Discussion in 'Personal' started by elisa1, Jul 23, 2011.

  1. elisa1

    elisa1 New commenter

    As many of you know I'm getting divorced for the second time. All is pretty much sorted, I'm keeping the home as it was mine to start with and I paid most of the mortgage throughout our marriage and I've been paying it since we split. My ex has kept all of the savings and there is similar equity to what was in the savings.
    Anyway, due to Credit Crunch my lender won;t let me transfer it solely into my name again (even though we only put it into 2 names last year!!) prior to that it was solely in my name!!! There is a secured loan on it which is also in joint names. The lender said that they wouldn't allow it solely in my name as they could not add or remove parties from the secured loan.
    My credit rating is not squeaky clean, however I have always paid my mortgage and secured loan. I have a CCJ (satisfied from 2006) and a few recent defaults(last year) around the time of the split for a few hundred pound.
    I have tried a few sub prime lenders (OCean) but they said No.
    I want to stay in the house as it was mine before and I can afford to pay all of the mortgage, however my ex's name will continue to be on the mortgage and deeds and he may not agree with this, and want out, where does that leave me??? I won't get another Mortgage and will be unable to rent due to my credit history and having 2 dogs.
    I now bitterly regret him forcing me to put his mortgage on his name last year as I would be OK otherwise.
    Now if I do not agree to the divorce (which takes 5 years if one party does not agree) can he insist upon the Sale of the home if we both co-own it and legally we are still married. I know he won't come back and live here, his family is very religious.
    Ideally I want a divorce (asap as its what he wants, in fact I've had to allow him to divorce me, however it hasn't even got to Nisi yet, so I could say no) I want the Mortgage to stay as it is until like my Mortgage Lender has stated 12-18 months time they will review the situation!!!
    Help.......I don't want to disagree to the divorce, however if it means I can remain in the house I will, like I say I am not expecting him to pay any of the mortgage just to leave things as they are for a year or so!!
    Anyone any advice??

  2. Alas no but I'm sorry to hear your problems. Will the Citizens Advice Bureau have someone with this specialist knowledge who can help you?
  3. hazeymazey

    hazeymazey New commenter

    Hi elisa (remember me...?) am so sorry to hear this. What a pain for you. i don't really know but don't think he can force you to sell? If its the only thing you can do why not hold off the divorce for a while - i'm pretty sure you wouldn't have to settle assets until the divorce is final (though I did the year before my divorce as I wanted the house all to myself and to move on etc). Really tricky situation. I hope you resolve it.

    hazey x

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