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Is it possible for my soon to be exhusband to remove his…

Is it possible for...

Is it possible for my soon to be exhusband to remove his name from the deeds of our jointly owned house whilst still remaining on the mortgage? He initially offered to let me have the house and make no claim on it as he is in a very comfortable financial position, but now he and his new partner want to buy their own home. They can afford it without claiming anything on my home (I have made all the mortgage payments since he left), but will face a large amount of stamp duty as it would be legally classed as a second home. I can't take out a mortgage on my own, unfortunately.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The UK

Lawyer's Assistant: Has anything been filed or reported?

Not as yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In return for ex husband allowing me the house, I agreed to not claim any spousal maintenance or his pension.

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Customer reply replied 8 months ago
I suggested we could get a guarantor mortgage to help me keep the house and get his name off the deeds. He was happy until he spoke to his solicitor who advised against it.We have been married since 2005 and separated in January 2015. I am autistic (diagnosed in 2014) and have a limited capacity for work. I earn £6000 pa and receive benefits. When we separated 2 years ago he was on £70k. We have 2 children under 10. Initially I had them the majority of the time and he had them 2 or 3 nights a week. Since his new partner moved in and was able to help with childcare, we now share residency 50/50. Earlier this year my ex mother in law passed away and left a large sum of money in a trust fund, which is how they can afford a house together.Prior to having children in 2008 I worked full time. From 2008 until 2012 I worked part time and was the primary carer. For 4 months I worked full time and was still the primary carer, but had a breakdown. In 2013 I stopped working and became a stay at home mum. I went back to college and retrained in the area I now work my 16 hours a week in. For a year after the separation I was too ill to work, but have been self-employed since March 2016. I also receive Personal Independence Payment.Ex husband and I were together since university where we both earned nothing. I put £12000 of savings on our house as a deposit in 2007, my ex put in nothing initially, but since he has come to earn more he has paid more into the mortgage than I have. Due to the financial crisis in 2008 there is only approximately 30k equity in the house and an outstanding mortgage of 135k.
Customer reply replied 8 months ago
Forgot to mention, ex still pays child maintenance in accordance with the government guidelines since having them 50/50 as there is such a huge discrepancy between our incomes and lifestyles. Other than that I have received no money from him since the separation.
Answered in 3 hours by:
10/29/2017
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,273
Experience: 25 years experience of all aspects of family law
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - the equity is just £30,000.

What other assets does your ex have- how much did he inherit?

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Customer reply replied 8 months ago
Hi ClaireThe equity is between 30 and 35k.My mother in law left around 800k in a discretionary trust fund, with the beneficiaries being my husband, his sister, and the 5 small boys, two of whom are ours, the other three being my sister in law's.
Customer reply replied 8 months ago
He had savings to cover furnishing a new home when he left but nothing beyond that. His pension only has around 5k in it.
Customer reply replied 8 months ago
Unfortunately I can't afford a phone call. I'll stick with messaging if that's OK.

I am so sorry about the site popups - if I oculd turn them off I would

The simple answer is no the mortgage company will not release him from the mortgage in any event and so long as he is on the mortgage he will have to remain on the title deeds

However in fact he is not being generous at all

Given the position that you have described if the matter came before the family court you would get the equity; spouse maintenance and he would have to remain on the mortgage until your youngest child is 18 or you cohabit

I hope that this is of assistance - please ask if you need further details

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Customer reply replied 8 months ago
Would that still be the case if my new partner moved in? Apart from the spousal maintenance obviously. My new partner has a minimum wage job and debt, so would not be able to help me get a mortgage. In fact, with the reduction in benefits from having two very low incomes instead of one, we'd actually be slightly worse off than living separately. Still within means to pay all my/our bills though.
Customer reply replied 8 months ago
what about the inheritance? Does a discretionary trust fund mean I can't ask for a small amount? I hadn't planned on claiming any spousal support, inheritance or pension if I kept the house, but as I can't afford to have a mortgage in my own right does it make more sense to put all assets into the Matrimonial pot and divide it based upon need? I can't figure out which way of doing things would ensure more financial security for me and the children.

The fact that there is a Trust involved means that you cannot treat is as funds that are available to be shared

It is however possible that the difference in your incomes means that he will have ot stay on the mortgage even if you cohabit

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Customer reply replied 8 months ago
How do I make sure that I get a fair outcome when he can afford legal advice and I cannot?

By simply setting out what you will and will not agree to and sticking to it

It is clear he knows the fact and is hoping to bully you

If he takes the matter further then you can find a solicitor who is aware of the fact that in such cases you can apply for an interim order giving you a lump sum to cover legal fees

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Customer reply replied 8 months ago
OK, so in your professional opinion what would be a fair request? I want him to stay on the mortgage/be a guarantor until either our children reach 18 or I can afford a mortgage alone, whichever comes first and even if I cohabit. I want to keep all equity in the house as I have nothing else and limited capacity for work, especially as he hasn't contributed to the payments since he left. In return I'll not ask for a share of his pension or any spousal maintenance.Sound fair?

Yes very fair

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,273
Experience: 25 years experience of all aspects of family law
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Clare and 87 other UK Family Law Specialists are ready to help you
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Customer reply replied 8 months ago
Thank you so much, you've been wonderful :-)
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