Mortgage on my own no separation agreement

mumof3

New Member
Messages
3
Hi All

Im hoping someone can give a bit of advice..

Im married with 3 children. Our family home is in my husbands name. I have a house in my name which has 2.5 yrs left in the mortgage which i have rented for the past 18 yrs. Approx 8k left.

I want to seperate and buy a family home for myself and the kids due to an abusive relationship but my husband wont sign a seperation agreement.

Whats the chances of the bank approving a mortgage in my name without an agreement. I am interested in a house near my sister and near the kids school which i could afford without selling my rental property. If i can get with 10% deposit..id like to keep the rental property as a nest egg for when the kids start college. We also have a farm which is in both our names.. its a commercial mortgage...would this have an impact on myortgage approval prospects?

Im thinking ill need to sell the house but can i do this without my husband having a claim to the cash? Or can i force him to sign a seperation agreement?

Any advice is appriciated as dont know where to start... tks in advance
 

mf1

Frequent Poster
Messages
4,189
Whats the chances of the bank approving a mortgage in my name without an agreement.

Zero.

We also have a farm which is in both our names.. its a commercial mortgage...would this have an impact on myortgage approval prospects?

Absolutely.

Im thinking ill need to sell the house but can i do this without my husband having a claim to the cash?

No. He will be involved in the sale. He may not get any cash but he certainly has a claim

Or can i force him to sign a seperation agreement?

No way.

You need to talk to a solicitor and you probably need to commence Court proceedings to enable you to move on.

Without his agreement to anything, you need a Court Order to dig yourself out of your situation.

mf
 

mumof3

New Member
Messages
3
Whats the chances of the bank approving a mortgage in my name without an agreement.

Zero.

We also have a farm which is in both our names.. its a commercial mortgage...would this have an impact on myortgage approval prospects?

Absolutely.

Im thinking ill need to sell the house but can i do this without my husband having a claim to the cash?

No. He will be involved in the sale. He may not get any cash but he certainly has a claim

Or can i force him to sign a seperation agreement?

No way.

You need to talk to a solicitor and you probably need to commence Court proceedings to enable you to move on.

Without his agreement to anything, you need a Court Order to dig yourself out of your situation.

mf
Thanks mf for your reply... will talk to a solicitor this week..
 

mumof3

New Member
Messages
3
Thanks Bronte..unfortunately the rental property is too far away and would mean uprooting the children from their school and friends. Also the tenents are there a while so are entitled to 6 months notice. But it may be only option i have... will seek legal advice this week
 

Thirsty

Frequent Poster
Messages
1,986
You can't force a separation agreement, but you can get a divorce once you have been separated for at least 4 of the last 5 years (*)

Your husband cannot prevent the divorce and settlement provision must be included.

First and foremost, you need to be safe. Schools etc are of no importance if you or your children are at risk.

*not certain if the legislation to shorten this has yet been passed, need to check.
 

NoRegretsCoyote

Frequent Poster
Messages
635
You can't force a separation agreement, but you can get a divorce once you have been separated for at least 4 of the last 5 years (*)



*not certain if the legislation to shorten this has yet been passed, need to check.
No legislative amendment has been published yet. I doubt it will be in operation until well into 2020.
 

Maz2408

Frequent Poster
Messages
55
If there has been violence or any threat of violence call the Guards and go and talk to a solicitor about having him removed from the home. If the abuse is verbal and I was in your situation, I would give the tenants notice to quit, and put the rental property on the market. You will have to provide your tenants with a statutory decloration of intention to sell, again a solicitor will help with this. Hopefully the rental property will sell before your husband knows it's on the market, but as it's in your name only I doubt he would be able to stop you from selling anyway.

Any claim he may have on monies from the sale of the rental property will be decided in the divorce agreement and will be based on all marital assets including the Family home not just the rental property. Before leaving the Family home, make sure and gather up records of all assets including houses, land, joint or individual bank accounts etc. Start collecting important items like yours and the Childrens passports, birth certs etc, so when you do leave you only have to gather up clothing and personal items.

Open a new current bank account and use that account for the house sale. As soon as your house goes sale agreed buy another property for yourself and the Children.

The main thing is if your in danger, get out or get him out.
 

Thirsty

Frequent Poster
Messages
1,986
Hopefully the rental property will sell before your husband knows it's on the market, but as it's in your name only I doubt he would be able to stop you.
This is invalid advice. You can certainly move into the rental property, but disposing of assets to pre-empt a settlement will come back to bite you.
 
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