I do intend to speak to my solicitor about this but I want other opinions please.
I am going through a seperation. Divorce hasn’t started as of yet. My wife and I have agreed on how to split the assets to try and keep the costs down.
However, my wife now wants to remove me from the mortgage earlier than planned (in the next couple of months), before the divorce begins and anything is ratified by the courts, and not give me any money until she can afford to do so in about 18months. I understand her reasoning behind it, but I am concerned.
If my name is taken off the mortgage before the divorce proceedings technically begin, will that impact my stake in the assets.
Sorry to hear of your situation. Best to speak with your solicitor about it, as circumstances can vary wildly and affect who’s entitled to what.
But on paper, if your name is not on the mortgage, you have no part of said mortgage nor any obligation to pay it. Or if the property is sold for more than the mortgage is worth then the mortgage will be paid off and you won’t be entitled to any ‘profit’ made either. A written letter of intent by your wife may be necessary but it may not hold water if things go wrong. Has she taken legal advice?
Her argument is that, because we are married, even if I am off the mortgage I will still be entitled to the assets as we agreed them. Especially as there is evidence supporting the fact that I have made equal contributions to the mortgage since we bought the property in 2015 up until I voluntarily moved out last year.
I’ve seen mixed articles on the internet about this and I know solicitors is really the only call to make. But I am curious as to others opinions.
lol you aren’t planning on killing her are you , I think that is one of the ways you will be ‘entitled’ to assets whether you have jointly paid for them or not , if you sign over the mortgage- if she hasn’t made a will leaving it to whoever she wants - really as others have said, talk to a solicitor, its a minefield where you could end up standing in the middle of said minefield without any share in ‘joint’ assets - divorces can get messy
I’m sure she thinks she’s doing the right thing here, but the ramifications for you both could be bigger than you realise at present (they might not but don’t risk it if you have kids, you both need to be able).
From the outside looking in, this leaves her in a great position and leaves you… nowhere. Like I say, I’m sure she’s not being malicious but I just would not agree to this at all. She gets another mortgage and then what??
Hope you get it sorted, been through a divorce myself, amicably, and it’s never easy even then.
I’m not a lawyer - take advice - but I can’t see any harm coming off the mortgage.
Having your name on the mortgage, simply means a bank can chase you for payments etc.
As long as your ownership of the property is reflected in the land deeds etc, I imagine you would be ok, as that’s what shows who actually owns the property.
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Anarchist
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You really need professional legal advice, rather than the opinions of random internet people.
But, as you asked (and as I am a random internet person) my opinion is that you own that portion of the property you both agreed to when you both bought it. This can be either as tenants in common, where you each own 100% of the property, or the other one, where you each own a percentage of the property.
Whether or not your name is on the mortgage won’t change that, although it might change other things, which is why you need the professional legal advice I mentioned earlier.
I wish you well, it could be a long rocky road ahead, as I know, having been through a similar experience many moons ago. Be assured that there is an end to the process, however far away that might seem now. Good luck.
I have a meeting with my solicitor next week, but this latest development has been playing on my mind and is eating away at me. Hence the question.
I am aware that really only a solicitor can advise, but I just wanted other opinions, maybe from someone who has been in a similar position, such as yourself, or an actual solicitor who can provide a sweeping observation.
Personally, as much as I love the community, I wouldn’t take any advice on here or any other website in regards to this.
All it is going to do is give you more questions and uncertainty or possibly bad advice. Save everything for your solicitor, make a nice list of questions between now and your appointment and cover everything thoroughly with him/her.
Sorry to hear that you have this ahead of you. Been there, it wasn’t nice, but it was certainly a learning experience.
As part of the divorce process you will normally both be expected to complete a “Form E”. This is where both sides set out all of the financial assets and liabilities you each hold. A court will normally want to split everything down as close to the middle as possible, unless you agree on an alternative settlement.
If you’re not on the mortgage and it’s not classed as ‘your asset’, it may well make the courts think things are one-sided in her favour (depending on any savings or pensions you have), and will seek to provide an equitable solution, which may involve her selling the house or stumping up the cash for your share.
Best thing to do now, ahead of seeing a solicitor, is get a few months of pay slips, bank statements, CETV (cash equivalent transfer value) of any pension, credit card or loan statements together and prepare to go through the mill a bit, I’m sorry to say.
Thank you so much for your advice. It’s already horrible and we haven’t even begun yet. We have an alternative settlement that we have agreed to, whether the courts will is another thing.
With this element, if the courts deem that she must give me so much money, or the house is to be sold, how is that enforced?
If you both agree on a settlement, the battle is half won. The courts only really step in when there is no agreement. They’re there to make peace, not put anyone on trial.
As for the settlement, if it is something she has agreed to as part of a clean break order or consent order, she will have to be able to meet that settlement --you don’t generally agree to something impossible. There will probably be a consent order, stipulating how assets etc are divided.
Worth having a read of this:
