Can a married couple be assessed individually under MARP ?

[pleasehelpme]

My Husband and I are in a pre-seperation phase of our relationship and and he has served me with a writ. He has not paid the mortgage over a number of years consistently. I have paid consistently over the last three years. I now am in a position that I have approached the bank for MARP, but am unable to follow this application up to completion as they are requesting my husband to submit full fanancial statements and he is unwilling to do so. I am therefore unable to obtain interest only, as this requires his consent, and unable to apply for MARP as he has not co-operated on this either. I am afraid that he has contacted the bank and is only looking for the bank to secure a bank assisted sale on the property. I am upset that the bank will not discuss any communications which he has made with them, so that I am in a state of limbo, and am afraid of loosing my home. I am worried that the bank are working with him behind my back, and are more interested in the option of a bank assisted sale, rather than helping us to secure MARP. There is currently 100k equity left in the house. I do not know who to turn to for advise at this point, as I have no means. Can anyone advise me on this please ?

 

[iscritto]

MARP - to comply with the code the bank have to deal with you individually if you are separated, however if they offer you a reschedule your ex will need to agree.

CODE - This Code applies to the mortgage loan of a borrower which is secured by their primary
residence.
In addition, lenders must apply the protections of the Code to borrowers in the following
circumstances:
(i) Borrowers in arrears and in pre-arrears; and
(ii) In the case of joint borrowers, who notify the lender in writing that they have
separated or divorced, the lender should treat each borrower as a single borrower
under this Code.

In relation to not telling you what their dealing with ex are; apply for a data subject access request in relation to the full account , ask for all data and all recorded calls ( as part of CCMA ( code in mortgage arrears) they have to record all calls. The bank will have 40 days to send you all the data they have in relation to your account - including calls/notes on conversations they have had with your ex - the only thing they wont send you is his credit rating and and income and exp form he completed. Usually there is a fee for this, but only around €6.

Assisted Sale - they can't go ahead with this without your consent.

Hope this helps.

 

[iscritto]

Also after 31 days of arrears MARP applies to your account - you don't have too apply for it. You can be removed from MARP for a number of reasons.

- CODE
Not co-operating: A borrower can be considered as not co-operating with the lender when
any of the following apply to their particular case:
a) the borrower fails to make a full and honest disclosure of information to the lender,
that would have a significant impact on their financial situation;
b) the borrower fails to provide information sought by the lender relevant to the
borrower’s financial situation ; or
c) a three month period elapses during which the borrower:
(i) has failed to meet his/her mortgage repayments in full as per the mortgage
contract or has failed to meet in full repayments as specified in the terms of
an alternative repayment arrangement; and
(ii) has not made contact with, or responded to, any communications from the
lender or a third party acting on the lender’s behalf.


Full Code
[broken link removed]

 

[Brendan Burgess]

This is a tough one. Presumably you are using a solicitor for the separation proceedings? If so, the house would be one part of the overall settlement.

Do you have children?

If you don't, and there is €100k equity in the home, then your husband is probably entitled to have the house sold and to get his share of the proceeds. Do you have grounds for arguing that he should not get half the proceeds?

If you have been repaying capital for the last three years, then that would reduce his entitlement a bit.

On the limited facts which you have given, you would have to give your husband around €40k to €50k to get the house and mortgage in your own name. But the bank probably won't agree to let him off the mortgage, especially as you have no means.