Divorce & property - any experts?

Can't help in a legal way but I'd certainly be miffed to be the respondant in a divorce case and have an extra bit of debt lumped on me. If he's staying in the flat then it will one day be out of negative equity so I'd agree simply to having my name taken off the deeds and nothing else.

At present they are both jointly liable for the debt.

They need to talk to the mortgage company to see if they would be agreeable to taking her name off the mortgage and allowing her husband to keep it in his sole name. Whether they will do this will depend on his income, if a mortgage company feels that if he doesn't have enough to meet the repayments and may default they may refuse to her name being removed from the mortgage to ensure that they have two people to pursue for their money being returned.

If the mortgage company agree to changing it into his sole name then it is a case of signing the mortgage papers and either instruct a conveyancer to deal with the transfer or to contact the Land Registry for assistance with the application.

Your friend would not have to give her H anything on the basis that at present there aren't any assets worth anything to share. If he chooses to take on a flat with negative equity that is his choice.

If they refuse there are two options. 1 there is an order in place to say that H takes liability for the mortgage and will use his best endeavours to have her name removed. Your friend will have trouble obtaining another mortgage whilst she is still on the present one so this may not be a good option for her.

The other option is for the flat to be sold. As there may be a shortfall with the mortgage company they are both jointly liable for this. If they do sell when they recieve an offer they should negotiate with the mortgage company to try and pay back a lesser amount than is owned. Some mortgage companies refuse point blank and others are just happy to get something back.

HTH

Thanks both - that is really helpful! I had a 'lightbulb' moment this morning & realised I should call my dad (who has been through 2 divorces) and my step-mum who used to work in mortgages. They have also given me some helpful advice - I think the upshot is she really, really does need specific legal advice.

WDSS

If she has a low income she could well qualify for legal aid. Get her to make an appointment with a local solicitor who offers free initial appointments. They will assess her for legal aid and if she doesn't qualify she will still be able to get some free advice.

Thanks Carebear. Apparently the CAB told her she earns too much for legal aid. She is going to go to the solicitor appt at CAB armed with as much info / questions as possible then take it from there really.