im in arrears with my mortgage with my husband which i want to seperate from but cant take my name of the mortgage

by , 5 months agoOpen Question

have tried selling the house but not had any luck me and my son need to move out if im repossed will me and my son be rehoused

Answers (3)

This can generally be done only once you have divorced him. Whilst going through the divorce you need to inform your solicitor of your intentions and then you then need to contact the arrears department of your mortgage company with the the documents your solicitor needs to draw up.

by annaa, 5 months ago

Anaa's right - taking your name off the mortgage isn't a simple transfer. I'm assuming you will be moving on to a divorce, during which all your assets will be divided between you, not necessarily in equal parts. Take legal advice before you move out. If your son is still of school age the courts will ensure you have adequate housing as a priority

by Jazzj, 5 months ago

Hi sahmet and welcome to the forum.

To the best of my knowledge, you will not be able to take your name off the mortgage all the time you are in arrears ( as the arrears liability is joint ) and in any event your husband must be prepared to change the mortgage to his sole name and show that he can support it in here own right. This means that your joint names will almost certainly remain on the mortgage until either the property is sold or one of you refinances the whole deal. Of course it is repossessed, any shortfall will be recovered from both of you, or either/or as you remain joint and severally liable. That is assuming that there is a shortfall. If there is marked equity in the property, even after payment of arrears and all costs, then you should indeed take legal advise to protect your interests.

As for being rehoused, you need to talk to an options housing officer at your local authority but assuming repossession, you would be regarded as 'voluntarily homeless' and probably only offered bed and breakfast as emergency accommodation. The situation may be different if you need to move due to personal safety or there are other vulnerability issues.

by Snoopy48, 5 months ago

Your last paragraph is very true Snoopy, and if there is a safety issue there are womens refuge hostels which do a sterling job. I have been reassured recently that the courts consider a child's interest above all else when dividing property in a divorce.

by Jazzj, 5 months ago

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