I have the same problem, but the building society wont take my name off the mortgage because in their eyes my ex isnt earning enough on his own to take on the mortgage, even though he pays it each month for the last 6 years. If he doesnt pay im still liable to pay it. I have to wait till the mortgage is paid of in 11 years time, then i have to give my kids my half as a gift. Worked out the only way out of it is to become bankrupt then the house has to be sold, but that means kicking my kids out of a home, cant do that to them. You can get an order for a house to be sold but only when the youngest child is 17. Found i can only privately rent somewhere for now, council wont rehouse coz in their eyes i own a house.Splitting up with my wife, if she stays in the family home, with the kids, how can i get another mortgage?
You will have to get your name off of the mortgage for her house.
Then, you will be able to get your own mortgage.Splitting up with my wife, if she stays in the family home, with the kids, how can i get another mortgage?
When the couple I nannied for divorced she had to buy out her ex-husband's half of the house (Community property state). Check the laws in your state.
You put it in the divorce decree that she keeps the home and that you have nothing to do with it. Mortgage companies will accept the divorce decree as freeing you from the original mortgage company, even though that isn't quite final yet. The quit claim will automatically be filed with your divorce, but your ex-wife will have to re-finance in her name alone for it to be truly final. So if she were to die in between the quit claim and refinancing, you might still end up liable.
In the divorce she should have the house put legally in her name and get a mortgage in her name. This frees you up to get another loan yourself. It also helps keep things clear.
I advise you to retain the house, sell it, because if you work out how much your wife will summon out of you youwill be shocked, starting with child support maintenance then voluntary payments for your wife, it's best if you sell or retain the house yourself, trust me
She could buy you off the mortgage,if she was so inclined to do so...Unfortunately the law would decide that she would be able to stay there,because of the kids.....so it seems that you would have to get the house sold,but then she would get the majority of the equity......
Can she afford the place on her own? She might have to sell and you would split the profit that way,geta good solicitor who you can trust,they're difficult to find so be careful before you appoint 1.
Geta free half hour with any reputable solicitor and see where you stand from there...Good luck...
I think she will have to take on the current mortgage in her name then that frees you to get one yourself.
Usually in a divorce where a property is concerned the spouse retaining it buys out the other. That spouse would then change everything into their own name. Even with the house in both names at this time, you would be able to take another mortgage. It would depend on your debtload and credit score but would be no different than if you and your wife were to look at buying a second or vacation home.
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