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wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 737
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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my husband and I have separated and I moved out from our property.

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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?

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?

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.
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