· BadCredit Remortgages
· Bad Credit BTL
· Mortgage Declined
· Secured Loan OrRemortgage?
With an average mortgage term of 30 years…“data has shown that over 40 per cent of marriages end in divorce, and over 30 per cent of married couples divorce before their 20th wedding anniversary Elsa Vulliamy. To plainly put it – about a third of marriages will sadly end before the whole mortgage is repaid. In most cases, mortgages are jointly held, there’s a financial link.
It will be on your credit report, even if you’ve never paid a bill late in your entire life and your ex-partner has, it will still impact on your credit.
Once married, both will have equal rights to the family property. Regardless whose name is on theTitle Deeds to the property. If you’re concerned that your ex-partner may sell your home from under you because your name isn’t registered on the Title Deeds of the property, you can register an interest o the property at Home Rights Notice. This will give you the legal right to live in the property during the divorce proceedings. This could be quite challenging if your partner was the sole property owner before you married, should this be the case then best to seek separate independent legal advice.
There is only oneway to do this, that is to contact your existing lender and tell them that you want a name removed from a mortgage without refinancing. They may agree or decline.
With most lenders, their main concern is the affordability to payback the money they’ve loaned you.The name on the Title Deeds is important to the lender, just the ability to pay them back. The only interest the lender has with the Title Deeds is having them recorded as having a loan secured against the home. You should ask your existing lender for either a change of borrower or transfer of equity.
Both do the same thing. Using this term, you can either add another joint name or remove a name from the mortgage. Your mortgage lender does not need to approve the change. To change from a joint mortgage policy onto a sole mortgage, you will need to meet the affordability criteria.It would be worthwhile discussing your situation with your lender if you want to alter the names on a joint mortgage either before or during divorce proceedings, as it is likely they’ll provide a repayment holiday until you get finances in order and make final arrangements for the repayment of the mortgage.
One of the largestQ & A websites for professional advice online is JustAnswer.co.uk. their HQ is in the U.S which could be a problem because there’s conflicting information. An example is the Quitclaim Deed or often spelt as Quit Claim Deed is something that’s frequently asked a lot. Quitclaim is not something known in the UK.
In the UK the alternative is to use the Land Registry TR1 form followed by Land Registry AP1form.
Video guidance and information on how to complete the forms are available here. You can file the forms yourself, or you can take legal advice and have a solicitor (conveyancing ) handle this for you. Whatever way you look it, there’s going to be fees involved.
These forms become relevant during a separation when one person named on the joint mortgage decides they want no financial interest in the property.
TR1 form is used fora transfer of ownership which can be used for your ex-partner to (if kind enough) gift their equity in the property to your sole name without any exchanging money with exception of the fees involved to execute the transfer.
Where mortgages are involved, you will need the consent of your current mortgage lender to alter the Title Deeds, principally if they’re resisting changing your mortgage from a joint one to a sole proprietor.
First of all, you should check your credit report to understand why you’re affected with bad credit. If your ex-partner’s name is on the mortgage still, or even on theTitle Deeds, then it’s likely the Credit Reference Agencies has them as being financially associated with you. That means that if they have any adverse credit, your credit file will be affected as you are considered financially one, even though it isn’t your credit.
In this case what you should do is to contact each of the three credit reference agencies and find out how to have it removed.
In order for that to happen, they must not have lived at the same address for the last six months. ALL joint credit agreements must be settled before you’ll be no longer associated financially. The reason is because any joint credit and finance agreements are jointly liable, and so if there are previous joint credit agreements that are in place or remain outstanding, then there is still a financial association.
In the case of joint debts, there is a common assumption is that half the debt is owed by each person that is not true. Anyone named on any joint finance agreement will equally liable for the full debt. Not half, that means if your ex-partner is not keeping up their repayments on accounts that you’re all linked to as a joint applicant and account holder, you will be responsible for keeping up those repayments.
When you want to financially separate yourself completely, look at all your credit agreements. Both names on the account should be settled and closed. Take care of the debts as though they’re your own and contact each company to explain the situation and make repayment arrangements. Some will be more than happy to change the repayments or provide interest breaks while you sort your finances out.
· Pay Plan
· National Debt Line
What will be hard to do is refinance your home before solving the bad debts that show on your credit file as being in default status.
The person who wants to stay in the property should earn enough to pass the affordability assessment, the transfer of equity will be refused if they cannot, and if that is case the name could still remain on the mortgage. The mortgage lender doesn’t have to change the terms of the mortgage.
This is the closest description you’ll to a guarantor mortgage but there’s one important difference. Two incomes could be used for the affordability criteria, meaning a sole applicant could apply using their other party on the applications income. With a Joint Borrower Sole Proprietor mortgage, the two-income used, but only the person who will living in the property is on the Title Deeds.
This option should be considered to couples divorcing, refinancing and your ex-partner doesn’t want to do associated with the property. They may demand on a cash lump sum where they’ll receive an equity they have in the property. Without their income, your mortgage lender will refuse the mortgage application based not meeting the requirements of affordability.
There is a possibility for someone who is not a legal owner of a property to have their rights protected to the financial interests of that said property, even though they are not being on the title deeds. Declaration of Trust.