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My daughter left her husband last christmas after he got himself…

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My daughter left her husband...
My daughter left her husband last christmas after he got himself into a large debt(amount unknown) The house is in negative equity due to a loan they took out at the time of the mortgage, this was not a secured loan but they need to pay the loan in full if the house is sold.He now wants to take over the full cost of the mortgage with my daughter signing a document to say she has agreed to him taking sole ownership but leaving her name on the mortgage as he has been refused the full mortgage by the building society. We are trying to stop her from doing this but she cannot afford to pay half the mortgage and still find somewhere to live on her own,she is staying with us at the moment.Can you please advise what can be done. He has just asked her to take all her belongings out of the house as he has someone else moving in.
Submitted: 8 years ago.Category: UK Family Law
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Answered in 3 minutes by:
6/21/2010
Solicitor: UK-Justice, Barrister replied 8 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Family Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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Does she want to leave the house?
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Customer reply replied 8 years ago
She wants to sell the house and move on with her life
Solicitor: UK-Justice, Barrister replied 8 years ago
Then she should come off the property AND the mortgage.

Otherwise she would be joint and severally liable if he missed any payments.
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Customer reply replied 8 years ago

How could she come off the mortgage if the building society has said they can not sell.without paying the loan off

Would the signed document I suggested stand up in a court,if she stayed on the mortgage. If she carried on paying the mortgage could she claim rent from her half

Solicitor: UK-Justice, Barrister replied 8 years ago
Then if he signs a contract with her, saying that he indemnifies her against all claims made by any third party in relation to the property then that should suffice any missed or defaulted payments.

If she claims rent then the bank could easily argue she is liable for the monthly payments if they are defaulted on.
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Customer reply replied 8 years ago
Our concerns are that if she signs a contract her name will still be on the mortgage and could stop her getting another or even renting
Solicitor: UK-Justice, Barrister replied 8 years ago
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