How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask wingrovebuyer Your Own Question

wingrovebuyer
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 626
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
Type Your UK Property Law Question Here...
wingrovebuyer is online now
A new question is answered every 9 seconds

my husband and I have separated and I moved out from our property.

Resolved Question:

my husband and I have separated and I moved out from our property. Im a single mum renting the place atm and not working. We have a joint mortgage on the house I've moved out from. My husband is still working and paying interest only on the mortgage. How can I remove my name of the mortgage in this situation?? Not sure if he can afford a mortgage on his sole name. What are the options?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 1 year ago.

wingrovebuyer : Hello. Would you like your ex to agree to sell, or is that not something you are seeking?
wingrovebuyer : If it's simply the case that you want to be removed from the mortgage and released from liability under it, you may struggle to achieve this if your husband won't be able to meet the repayments or lending criteria alone. Unfortunately, when you entered the mortgage it would have been "jointly and several,y" with your husband. This means you are liable together and individually for the repayment of the loan monies. In order to get yourself out of this liability, the lender will consider whether or not this would prejudice their position. If your husband can meet the lending criteria alone, they should be happy to release you from the mortgage, however, if he can't, they won't agree to it - they have you both "on the hook" at present and they have no obligation to release you from that liability, even though you've moved out. If they won't agree, the only way to get rid of the liability is to sell the house and repay the loan. Is this possible?
Customer:

yes house is already for sale I was looking for all possible options.Regarding the sale is it possible for my husband to sell it without my signature? What is the worst case scenario?

wingrovebuyer : You are both named othe title register and so your husband cannot sell the house without your involvement. To force a sale against the wishes of another owner, he'd need a court order, which he'd be unlikely to get in these circumstances. I suppose the worst case scenario is that your ex defaults on the mortgage payments, and the house is repossessed. Any CCJ would be entered jointly against both you and your ex as the debtors, and if the house is sold by the bank but for less than the mortgage is, the bank could pursue you for repayment of the balance. Accordingly, it would be much better if either your husband bought you ought or took on the mortgage himself, or the house is sold. I'm sure you can do without this extra stress, but I have to tell you how it is! Sorry.
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 626
Experience: I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
wingrovebuyer and 3 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience