Why won’t Halifax remove my violent ex-husband from the mortgage? DAVID HOLLINGWORTH replies

I finalised my divorced in March 2022. Following three court docket hearings, I’ve a court docket order stating my ex has no legal responsibility if I default or profit if I promote the property.

I paid my ex a considerable sum to purchase him out as per the court docket order and likewise as per court docket order, my ex’s identify was faraway from the title deed with Land registry, for which Halifax gave permission.

I’ve soley been masking the mortgage for practically 5 years and have saved Halifax totally updated. 

They’ve copies of all paperwork required. But, they won’t take away him from the mortgage saying it’s unaffordable to me. 

It refuses to justify why given I’ve been solely paying for the mortgage for thus lengthy and I’ve additionally made overpayments throughout that point.

If I wish to change charge or do something I nonetheless want my ex’s permission.

I do not know the place my ex is or if he nonetheless has the identical solicitor as I obtain nothing from them. 

I’ve had three non molestation orders granted to me on account of my ex’s violence and controlling behaviours. I due to this fact don’t have any want to attempt to hint him for quite a few causes together with security.

How can I get the Halifax to take away my ex or transfer the mortgage throughout into my identify.

It appears utterly improper for somebody with no legal responsibility or profit who just isn’t on the title deeds to have management and say on the mortgage. What can I do, can I complain to the FSA?

I’ve been advised by the Halifax that they can not withdraw the mortgage while I’m nonetheless paying, is that this right. I’m at my wits finish worrying about this and any recommendation you’ve can be welcome.

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David Hollingworth replies: Thanks for sharing the element of the problems that you’ve got confronted throughout the cut up along with your ex husband. 

It has clearly been a distressing and sophisticated scenario for you with a variety of challenges to beat to succeed in this level.

Typically a mortgage will likely be in the identical names as these on the property title. 

The breakdown in your relationship clearly wanted the court docket to be concerned, leading to you shopping for out your ex husband’s stake.

Nonetheless, when taking a mortgage from joint names to a single identify as a part of a purchase out course of, also known as a switch of fairness, the lender can even need to have the ability to see that the mortgage stays reasonably priced. 

It sounds as if that’s what has created the sticking level right here.

Lenders will wish to assess that the one borrower will be capable of meet their affordability standards. 

That may require an evaluation of the brand new earnings stage, together with outgoings to be factored into the lender affordability evaluation.

That gives a extra particular person stage of accessible borrowing than a simple a number of of earnings however will usually be of the order of 4-4.5x earnings as a tough rule of thumb. 

A lot due to this fact is determined by the person circumstances of the case, accounting for the extent of outgoings and due to this fact disposable earnings. 

> When will rates of interest fall?

The necessity for an affordability evaluation is designed to not solely shield the lender but additionally the borrower, as enabling too large a borrowing might put the borrower in problem.

Hopefully that helps give an summary of the usual strategy to a switch of fairness scenario and it sounds just like the lender is reluctant to launch your ex-husband from the mortgage on the grounds of affordability. 

Nonetheless, given your circumstances this might probably have a lot of knock-on points for you.

Switching from one charge to a different even with the identical lender will nonetheless require the consent of all debtors on the mortgage. 

That may make a straight charge swap problematic when that consent is difficult to get.

What else might you attempt? 

You might think about taking a mortgage with one other lender to repay this mortgage. 

It might be wise to know the place out of your solicitor but additionally would wish you to hunt extra particular mortgage recommendation, to examine should you could run into the identical affordability points with different lenders. 

If there is a attainable different joint borrower reminiscent of a member of the family, which will enable you to transfer towards taking management of the mortgage however they’d must be clear that they’d additionally tackle a legal responsibility for the mortgage.

I feel that it is price you making an attempt to enter a extra detailed dialogue with Halifax. It is such a troublesome set of circumstances that this can want a extra tailor-made strategy. 

Whereas the standard strategy could not allow the elimination of your ex-husband, lenders can think about circumstances on a extra particular person foundation the place mandatory.

The truth that you’ve needed to search non-molestation orders signifies simply how troublesome your scenario is and I feel that the lender will wish to take these circumstances into consideration to attempt to discover a higher resolution.

You’ve got maintained the mortgage funds which is clearly a giant optimistic and a extra particular person dialogue could possibly take a look at the scenario on a case-by-case foundation. 

I would additionally reassure you that the lender will not attempt to recall the mortgage debt, as you proceed to fulfill funds.

Though a extra bespoke strategy implies that it is onerous to advise what choices could also be provided, I would encourage you to hunt additional assist out of your lender to attempt to regain extra management of the mortgage and keep away from falling onto increased charges on account of your private scenario.

I sincerely hope that this can yield success however should you do determine {that a} grievance is important, banks may have a complaints course of available. 

It is best to undergo the total course of but when nonetheless sad with the end result, the choice to take it to the Monetary Ombudsman can even be made clear.