Husband Left Me With Morgage Arrears

[pandora123]

Husband Left Me With Morgage Arrears
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 i originally posted it in chatterbank but this seems the best catergory
Thanks in advance

[granny grump]

You must see a solicitor or citizens advice - If the mortgage is in his sole name then he is solely responsible for the debt but depending on the age of your children he is obliged to make provision for them

[murraymints]

see chatter

[Richard1966]

You have legal rights under the Matrimonial Homes Act as you are married. The house is as much yours as it is his and he cant give you his consent to stay, you have that in law. The mortgage is a different thing. The lender will want payments and will take action to possess the property if the mortgage isn't paid.

Most lenders will understand the situation you are in and be willing to try to come to an arrangements with you over the arrears. You should contact them as soon as you can and discuss your situation with them.

Go and see a solicitor and you may want to consider an occupation order. The solcitor will go through this with you.

[tonywiltshire]

Richard is correct and you should follow his advice.
Do not worry about your rights and responsibilities explain the entire position to your mortgage provider and offer to reduce the mortgage arrears as you are able and that you will maintain the mortgage payments if they will place the mortgage in your sole name. You will have to have an income acceptable to them and the existing mortgage holder will have to agree, they will, at first, not be keen on the idea and will try to bully you, do not put up with this it is a good offer and I regret to say that in my experience they will only be interested in money.

[dotty.]

how can she speak to the mortgage providor when she isn't the mortgagee?

[factor-fiction]

Pandora has posted this twice so the advice is split between 2 threads which makes it a bit more difficult to follow.
The other thread has 19 posts on including Barmaid's contributions so you may want to refer to that to see what's already been said
http://www.theanswerbank.co.uk/ChatterBank/Question1201295.html

[tonywiltshire]

Sorry Pandora, have just read your question properly this time.