Mortgage After Divorce

What to do with your mortgage after your divorce


When a couple gets divorced, there is a long list of tasks that need to be done and decisions that need to be made, all at an emotionally difficult time. Working out how to deal with a mortgage is an extremely important task, and one that must not be put off or taken lightly. There could be lasting repercussions if this key area is not dealt with properly from the beginning.


The correct way to handle a mortgage after divorce in the UK can be determined first of all by working out what type of mortgage is involved. A joint mortgage means that both parties are equally liable to keep up the payments on it. It is vital that neither party stops paying the mortgage, as this can cause both people named on it to start falling into arrears that must be repaid. This is the case even if one person has stopped living in the property on which the mortgage is being paid.


Next, talk to your mortgage lender as soon as possible after making the decision to separate or get divorced. Again, both parties should be involved in this. The sooner your lender knows about your situation, the sooner they can help you work out new arrangements for covering the remainder of your mortgage payments. It could be that one party wishes to buy the other out of their share in the property. This would then mean that the person who retains the property will take sole charge of settling the remaining mortgage payments.


If you are unable to agree on what you want to happen to your mortgage after divorce, the family court will need to step in and make the final decisions. They will do so with the best interests of everyone involved, especially any children or dependents from the marriage or civil partnership. For more information or advice, speak to one of our divorce and finance legal experts at Shortlands Solicitors.


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Frequently Asked Questions

Talk to one another. Try to agree arrangements that best suit the children, that they will be comfortable with and that take into account their interests.

Have an initial meeting with a lawyer to explore the law and your rights. Then attempt mediation or collaboration.

If you live abroad and need to apply for a child custody order, the process will depend on your specific situation and the laws of the country where you reside.

First and foremost the Court is concerned with the Child’s interest and welfare. An arrangement will be reached that best suits the child’s welfare.

Between three to twelve months

The cost varies depending on the complexity of the case. At Shortlands we try to offer fixed fees for every stage of the process.

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