Mortgage & Divorce

Hi there

My Husband & I have seperated and are hoping to proceed with a divorce.
The mortgage is in both our names, however, I have always paid the mortgage as he became unemployed when we relocated to move into the house.

My Solicitor has told me she cannot proceed with the divorce until his name is removed from the mortgage, as no Judge would entertain it. She does feel, that as a mere woman, I may have a problem with this.

The mortgage is with the ACC Bank.

Any opinions please ? thanks in advance.

I have no idea as i haven't been in the situation.

But you might get a few replies if you say your career, salary, house value and outstanding mortgage.

Basically, if the bank removes your husband they can only go after one person in the event of a default. If you have no problem with money they will be more willing to agree to your request.

"My Solicitor has told me she cannot proceed with the divorce until his name is removed from the mortgage, as no Judge would entertain it. She does feel, that as a mere woman, I may have a problem with this."

You have to go to your Bank and ask them if they will allow the property and the mortgage to be transferred into your sole name. Or go to another Bank and ask them if they will finance a transfer of the property into your sole name.

The fact that you have been paying the mortgage will stand you in good stead.

If the Bank will not release your husband from the mortgage then, yes, you can still get a Divorce but it will leave you with assets and debts tied up together.

mf

First and foremost thing is whether your husband and bank both agrees to hand mortgage over solely to you.
You can still get divorce as advised by mf1.

Thanks folks, The divorce is non contested.

There is €240k left on the mortgage (it is 6 yrs old) and the house was recently valued at €160k

I can afford the mortgage as I have rented part of the property, so that covers it aside from my income.

Hi - just searching on this topic and saw your post. I was wondering if the lender allowed you to takeover responsibility for the mortgage? If so, do you mind giving some info as to what was involved?

Hi MolloyR

I too am going through a marriage break up and am taking over the mortgage which I have being paying since separating. However, both of us are working and the outstanding mortgage is under 100k.

You will have to go to your lending bank and discuss the matter with them.

In my case, I had to make an application for the outstanding mortgage. The bank took a number of factors into consideration before approving my applicaion, i.e the amount of the mortgage outstanding, the duration, my age, my ability to pay, etc. A credit check was also carried out on me. When they were satisfied that I was in a position to repay, they consented to my partner's name being removed from the mortgage and the deeds subject to me submitting a copy of my Deed of Separation and Deed of Waiver.

I hope that some of this information may be of help to you. As you can appreciate this is based on my situation, it could be different for you.

The best of luck.

Windy