Husband Left Me With Morgage Arrears

[pandora123]

my husband and I have split up I am in the house with our daughter but the mortgage is not in my name just in my husbands. He has said that we are welcome to stay in the house as long as I pay the mortgage which I have agreed to do but he has now told me he is in arrears with the mortgage as he lost his job a few months ago I am able to afford to pay the monthly mortgage and even a little on top to pay towards the arrears but am unable to pay the arrears in full could someone please tell me what my rights are and where I stand
apologies if I have put this in the wrong catergory
Thanks in advance

[tenrec]

Sorry I don't know the answer, but good luck. I'm sure someone will help you shortly.

[tenrec]

You don't need to post this twice as it will be answered eventually. ;-)

[murraymints]

you need to get things into your name..house and mortgage..and speak to mortgage company about repayment plan..good luck..

[NoMercy]

If you're paying the mortgage, it needs to be in your name only. Otherwise you'll be buying his house for him and he'll be able to evict you when he fancies.

[mrsmaveric]

get everything signed over to your name asap..as has been said you are buying the house for him..

[pastafreak]

I'm guessing that as long as it is in his name,then he's solely responsible for the repayments-not you.

[owdhamer]

If you explain this to the mortgage co, but do it right away I'm sure they will look on it kindly.

[granny grump]

The mortgage company will not deal with pandora if the mortgage is in her husband's sole name.

[pandora123]

thanks for your answers the only other thing is that he has also left me with adverse credit would i be able to get the mortgage with a not so good credit file
thanks

[murraymints]

previous credit would have been joint debt.maybe in your own name w be treated differently

[granny grump]

I don't think so pandora - this mortgage will need to be redeemed and a new mortgage set up in your sole name - with a poor credit rating it is unlikely that you will be able to get a mortgage in your name as it is now based on affordability and not income

[the sprite]

get your self a good lawyer fast

[Barmaid]

Right, it is not quite so simple as just having the house transferred. Who knows if Pandora can actually get a mortgage in any event? You cannot just transfer a mortgage to someone else.

Secondly, Pandora is not "buying his house for him". She is properly paying an occupation rent whilst she lives there.

Pandora - you absolutely MUST see a solicitor. You have certain rights and entitlements under divorce law. You may actually be entitled to at least some of the house. The position of any minor children is also very important.

THe mortgage company will go after him for the arrears, not you. The first you may know about it is when Court papers turn up. However, if payments are being made regularly, the mortgage company is likely to accept a small sum in addition to bring the arrears down. This is something HE will have to negotiate with them.

[granny grump]

I have also posted an answer in Law pandora

[pandora123]

thank you I am not that bothered about it staying in his name as I know he would not make our daughter homeless especially not when she is under 18 all I really wanted to know is if they are able to repossess the house if I am making the mortgage payments but not the arrears or even if I am paying off some of the arrears a bit at a time my husband and I are speaking and getting on its very amicable but unfortunately he is useless with money and is unable to be relied on when it comes to money so we are financially better off without him I just dont want the house to be repossessed and also getting a mortgage would be difficult for me as I am self employed with adverse credit so i would prefer to leave it in his name until I could get a mortgage at least

[Barmaid]

How much are we talking about in terms of arrears?

[pandora123]

only about 2 months or so in arrears so its not really bad or as bad as some people the mortgage repayments are relatively low too at about £350pcm which I am able to afford as well as about another £50 on top but what bothers me is if I call the mortgage company to sort this out they are going to tell me to get out of the house

[pandora123]

the mortgage arrears are about £700

[Barmaid]

I very much doubt they will seek possession for the sake of £700. Indeed, if they did, I very much doubt the Court would allow them to do so.

Get your husband to speak to them and agree a scheme for paying back the arrears. If you get an agreement and stick to it they won't take proceedings.

They can't just tell you to get out of the house (if they do, ignore them). They need a Court Order to get you out.

I think it is important you see a solicitor as soon as possible.

[dotty.]

Barmaid am I correct in thinking that it is pointless for pandora to try to negotiate anything directly with her husband's mortgage company? She needs to get him to sort it out and make the payment plan and to have it in writing or else he'll lapse and make a mess of it, which will put her in worse trouble, men are notoriouslt stupid and selfish and thoughtless and not to be trusted with serious complex matters like this.