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 Clare Your Own Question
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34282
Experience:  25 years exeperience
Type Your UK Property Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My husband whom I have now separated from (not legally) has

This answer was rated:

My husband whom I have now separated from (not legally) has said that he wants me to sign a legal document such as a statement of intent to sign the house over to him once he can financially re mortgage the house. My name would therefore still be on the deeds until he is in a position to do this which we have no idea how long that could be and our house is currently in £11,500 of negative equity. I would relieve myself of all debt and any payments towards the property. He has said that if I do not agree to this then he will no longer pay towards the property or bills (he resides in the property whilst I sleep on a friends sofa). He has also said that this will damage me more than him as I am a Chartered Accountant. Any advice would be appreciated as it sounds like blackmail to me at the moment.
Thank you for your question
My name is XXXXX XXXXX I shall do my best to help you but I need some further information first.
How long have you lived together and are there any children involved.
What other assets and debts are there and what income do you each have?
Customer: replied 4 years ago.

We moved in together May 2008, I left the marital home for 3 months on 29/01/13 when we split and returned as I couldn't afford to rent the room and pay the mortgage. I then had to leave again suddenly 12 August as the threats and verbal abuse left me scared to be in the house. I took myself and the dog to a friends house and called the police who have all the threats and abuse recorded. I have been at my friends until this day. I am due to rent a property out 4 Oct and we were supposed to be renting our home out because we couldn't afford to sell. My husband has been unable to leave the house as yet as he says he can't afford to and such this proposition came about last night and I was given until 10am this morning to agree.


There are no children.


We both own cars, mine is worth approx £4k his £800. We don't have any significant pensions. The only other assets are what is in the house furniture wise.


We have two loans secured on the mortgage in joint names. One with the mortgage company (owe £27k) and one with a loan company (owe £7k). We also have a DFS loan (owe approx £2k) no other joint debt.


I earn £38,250 but I have just become a qualified Chartered Accountant so my salary is due to increase. My husband earns £36,000




Hi Jessica
I assume that you do not wish to live there (without him)?
Can you raise a loan to cover your half of the negative equity?
Customer: replied 4 years ago.

I had initially wanted to take over the mortgage myself but when I spoke with the mortgage company they were not willing to transfer ownership to just one person due to the debt on the property.


Ideally I would love to take over the house and do exactly what he has suggested but now I have signed up for a 12 month tennancy so feel unable to follow this option.


My plan was to rent for 12 months then seek to take over the mortgage myself but he doesn't seem to want to move out so that we can rent the property which was the original agreement.


In terms of taking out a loan in the region of £6k plus solicitors fees I'm not sure I have the credit available to do that as my Experian report shows my credit history only to be fair. I could potentially look into this and it would depend on what the monthly repayments were as to whether I can afford that along with my rent etc.


My ex has said that he could potentially get the money together. I am not sure whether that is true or not.

So his proposal is that he will remain in the house and pay the bills and get you released from the mortgage as soon as he can is that correct?
Customer: replied 4 years ago.

Yes that is correct, although I will remain on the deeds until he can finance this which could take up to 3 years before there is equity in the property.

Are you willing to remain on the mortgage that long?
Customer: replied 4 years ago.

I worried about the risk that he doesn't pay and they will come after me despite me signing a statement of intent.

Customer: replied 4 years ago.

If he doesn't pay, then does the statement of intent protect me from having to pay any failed mortgage payments.

Hi Jessica
My apologies for the delay
You are right to be concerned.
All that your ex can give you is an Indemnity - no more than that and as you clearly realise then Mortgage and loan companies will still pursue you for the debt.
It is therefore hard to see how this is of any benefit to you at all.
The fact that there is negative equity and you are already committed to the rental are problems.
One option could be to agree to this on the basis of a review after a year
Another point to note is that within the Divorce Proceedings you can apply for the financial issues to be dealt with - including who should live in the house and when it should be sold and nothing that you sign will change that.
If he is prepared to negotiate properly then you may wish to use Family mediation ( to assist
Please ask if you need further details - this is after all a complex situation
Customer: replied 4 years ago.

Thank you.


He has suggested that it will be attached to the divorce that he is going to go ahead with shortly. I had also thought about only agreeing to this on a 12 months basis for it to be reviewed again as we may be in a position to sell the house then if the market picks up or I could seek to buy him out as my salary is due to increase significantly.


He is pressuring me to have a statement of intent from a solicitor by Tuesday evening. I also feel like I'm being black mailed as if I don't agree then he refuses to pay any mortgage or bills relating to the property.


So if I get something legally documented/an indemnity to be reviewed in 1 years time and attach this to the divorce then he can live in the house under certain conditions, is that right ?


I am nervous to sign anything with him as I don't trust him.

You may wish to point out to him that any such "Statement of Intent" has no value in any event - it is not enforceable - especially in view of the threats he is making.
If he genuinely wishes to try this - fair enough it can be part of a financial consent Order with in divorce proceedings with him providing the Indemnity and an agreed review after 12 months
Clare and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

My husband has now changed the locks to the house so I can no longer gain access. Where do I stand legally on this as I am still paying the mortgage and my belongings are in that house still.

You are legally entitled to return to the property whenever you wish and can break in if necessary - or use a locksmith if you prefer