Sole mortgage when not legally separated

P

peteb

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A friend of mine is seperated from their other half but not legally seperated at this point for time reasons. Can she get a mortgage in her sole name at this point? Looking to move on with life and get out of rented accomodation.

Thanks
 
Unlikely until all property type issues have been boxed off and agreed to ensure no financial interest in house by spouse.
 
My own solicitor didn't let me sign contracts, mortgage, etc. until I had a Deed of Separation and Deed of Waiver. Getting a mortgage without any of those wasn't a problem at all, contrary to what I thought.
 
Was it a condition of the mortgage that they be completed? I'd imagine it would easy enough get a loan offer but there should be a condition on a loan offer to be completed before drawdown. Would only apply to a family home and not a buy to let.
 
Monbretia said:
Was it a condition of the mortgage that they be completed? I'd imagine it would easy enough get a loan offer but there should be a condition on a loan offer to be completed before drawdown. Would only apply to a family home and not a buy to let.
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Not as far as I know. The broker said it wasn't. It was only my solicitor "acting in my best interest". We already had a Mediation Agreement, but I doubt that was the reason because it's not a legal document (?).
 
Unusual, not that common I would say, would always expect there to be a condition re agreement re property at least even if not a full separation agreement.
 
Do they have children? If so, courts would likely give the house to her to mind the kids, and he'd be the one that needs to find a house...
 
In my experience..............

If a married couple separate, and have no formal agreement or Court order in place, then, if one wants to buy a property and needs to finance that with a mortgage, a lender won't lend unless and until there is a formal agreement in place.

Without that , there is scope, e.g., for a maintenance application which could affect the repayment capacity of the borrower.

mf
 
that was what I thought the reason was alright.
 
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