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Clare, Solicitor
Category: UK Law
Satisfied Customers: 33010
Experience:  family solictor with 25 years experience
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Husband and I separated. Mortgage in his name. He no longer

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Husband and I separated. Mortgage in his name. He no longer working so for a while now I have paid mortgage. I live in house with our two children I earn a good salary and work full time as a nurse. He says he will sign house over to me and children can he do this. I ideally would like house and mortgage in my name he says he has no financial interest in the house and is happy to sign declaration of that. Do I need to remortgage or what is best option?
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
How old are the children?
Customer: replied 3 years ago.

Hi there

Children are 7 yrs and 20 months old. 79000 left on mortgage house value 86000. He was earning 8000 a yr self employed but just given it up so now earning nothing. I earn 23000 from my job plus extra enhancements for unsociable working. One child also has learning disability so get that income on top I bring home 3000 in total that includes all benefits maintenance from previous partner before husband and my total income.

Customer: replied 3 years ago.

No other assets I have said I would split furniture etc and give him money for deposit to rent somewhere but he says he has no interest in any of this and is happy to legally state that too. He just wants me and children to have it all. I am just concern regarding mortgage being in his name.

Customer: replied 3 years ago.
Relist: Incomplete answer.
My apologies for the delay
Can you obtain a mortgage?
Customer: replied 3 years ago.

Hello. I can not see any reason as to why not. Got good enough income. Am going to speak mortgage advice. So would it be best to buy him out the house then? Is that easiest quickest way?

This is by far the best way of having the property in your name - and represents a reasonable settlement given that you have the care of the children.
If you are not considering an immediate divorce then you should also have a Deed of Separation drawn up setting out the financial arrangements that you have made
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thankyou. He in iva which obviously marked against our home will this cause any issues?


He may need to check that under the terms of the IVA he can transfer the property - if not then you will need to get a Court Order within the Divorce Proceedings which will solve the problem
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