Discharge from a mortgage on a property I don’t own

Discussion in 'Issues arising from joint mortgages' started by Brady94, 1 Jun 2018.

  1. Brady94

    Brady94 Registered User

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    10
    hi
    My friend has recently divorced however she purchased a house with her husband by obtaining a joint mortgage but the house is not in her name, it is in her husbands name, she doesn’t live in the house as it is rented out and her husband gets the rent. He pays €15 a week towards his 3 children but we are not sure what he does with the rent money he may pay towards the mortgage or spends it down the pup! In the mean time my friend is left we supporting herself and children and has this mortgage over her head for a property she doesn’t own and has no control over. The mortgage is in arrears and house is negative equity. Is there anyway she can get her name of the mortgage?
     
  2. Brendan Burgess

    Brendan Burgess Founder

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    This is an Irish website. Is your friend based in Ireland?

    Brendan
     
  3. Brady94

    Brady94 Registered User

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    10
    Hi Brendan the property is in Ireland and so is her husband. They both moved back to the UK but when they split he went back to Ireland. So mortgage is in Ireland. I was surprised they let her have a mortgage on a property she didn’t own, she asked her ex husband to put her name on deeds but he won’t. But he expects her to pay half the mortgage even though he doesn’ provide for him s children other then €15 a week (€5 per child)
     
  4. mf1

    mf1 Frequent Poster

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    4,082
    "My friend has recently divorced"

    Was she legally represented?

    "she purchased a house with her husband by obtaining a joint mortgage but the house is not in her name"

    If she's on the mortgage, she was legally represented.


    "He pays €15 a week towards his 3 children"

    Is this on foot of a court order?

    "Is there anyway she can get her name of the mortgage?"

    She should get legal advice

    mf
     
  5. Brady94

    Brady94 Registered User

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    10
    Hi, she works and isn’t on benefits so can’t afford any legal advice. She did ask a solicitor about maintenance for children and they told her not to bother it would cost more in legal fees then she would ever receive in maintenance and at the end of the day with her in uk it would be hard to enforce in Ireland. She tried getting her name of mortgage but bank not helpful they will only take her name off if her husband is willing to take mortgage on but his income won’t cover mortgage.

    At the time the person dealing wit( mortgage told them to keep house in husbands name in case they ever want to take on second house! I think that is why so many mortgage problems in Ireland they were giving out mortgages like candy.

    To force a sale would cost her too much money in legal fees ideally she wants the bank to force the sale, any ideas? She has no other assets...no money ....but 3 lovely kids, the only good things ng from the marriage
     
  6. Brendan Burgess

    Brendan Burgess Founder

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    1) She did not purchase a house if her name is not on the deeds.
    2) There is no reason why the bank would let someone off the mortgage if it's in arrears. They can always pursue her.
    3) She should not be paying anything towards the mortgage.
    4) She should write to the bank and tell them the full story. If they issue legal proceedings, she will cooperate in every way and consent to an order for possession.
    5) When a court date is set, she should attend the court and tell her story and ask the Registrar to give the bank an order for possession.

    And as MF1 said, she should seek legal advice, although I don't think that there is much that can be done legally here.

    Brendan
     
  7. Brady94

    Brady94 Registered User

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    10
    Thanks Brendan I’ll tell her to look at this site. Can you tell me if you have come across this before where a mortgage is joint but deeds in one name, it so7nds lik3 bad advise to me, she said she didn’t mind paying towards the mortgage if her name was on the deed but her husband wouldn’t put her name on the deed
     
  8. Monbretia

    Monbretia Frequent Poster

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    1,413
    Mortgage joint and deeds in one name is not that uncommon and is done for several reasons. We are talking banking practices from a bit back now but often done where say a parent is going on the mortgage to facilitate borrowing a certain amount but they won't be on deeds so as easier to remove later when main applicant's salary is sufficient for loan on their own.

    Also done if a couple were building for example on a site owned by one and they weren't married so deeds in one name to avoid a gift tax issue on value of site. Probably other examples too but can't think of them as these were the most common reasons.

    Always though would advise non owning mortgage holder to get legal advice because as I always said to them they had all the disadvantages (the debt) and none of the advantages (ownership).
     
  9. Louisa2014

    Louisa2014 Registered User

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    15
    I'm in the same situation, you will NEVER get your name off the mortgage if the other party cannot get full mortgage approval in their own right.

    if the mortgage is in arrears and in neg equity she needs to go legal, if can't afford it go to Irish Mortgage Holder association or New Beginnings to deal with the bank. There will still be a short fall if the house is repossessed /sold and monies still outstanding both parties are still legal joint and separately liable for the balance.
    She needs an expert to deal with this for her otherwise she might have a loan left to pay. This will also destroy her credit until it's off her report.