Couples who separate do not only go through emotional moments but also faces an economic backslide. Losing something that you have been investing on is close to unbearable. A mortgage is when two or more people take a loan to purchase land or property. For this deal to happen, the partners must sign documents claiming individual participation in repaying the mortgage. One rule of the mortgage is that the mortgage document applies to both of you even after separating. Therefore, signing the papers implies that you understand that you will be fully responsible for meeting the obligations under the mortgage documents.
Joint mortgage separation rights
When you have a joint mortgage with your partner, you both own a share of the property. This also means you each have a right to remain in the property even after separating.
In this case, you both are still responsible for paying your share of the mortgage payments if one of you chooses to move out.
However, there are cases where a joint mortgage doesn’t work anymore, and one might be forced to pay the fee alone or risk losing the whole Property. Under such circumstances, you are forced to change the tactics of the mortgage or lose the Property. This article will detail all you need to know regarding joint mortgage and solve problems in different scenarios.
How you may Lose Your Mortgage Partner
Misfortunes happen, and you find yourself in a tricky situation where the other party wants out of the deal. This requires immediate action, or else you will lose the Property. Here are circumstances under which you can lose your partner.
This is the most common way of separating. Relationships tear apart with no way of coming back together. When this happens, the court orders how Property is distributed when there is a disagreement among the partners. The mortgage is to be fully paid by both partners, whether together or not. This has proven to be a significant problem in many cases, especially when one partner is still using the Property. The other partner may opt to no longer participate in the mortgage payment, leading to the lender claiming the Property. Since the problem is prevalent, you are advised to speak to a divorce solicitor to avoid losing money in the process.
In this case, your partner may be unable to raise the monthly payment. The only solution to them is withdrawing from the partnership. To settle the debt, your lenders can sell your home to other able customers to repay themselves.
No one can predict death. Death may occur while in the middle of the mortgage, forcing you to pay the joint mortgage alone.
A joint mortgage paid by one person may happen if either of the mentioned scenarios happens. However, there are measures implemented to tackle such challenges.
Ways to Repay the Mortgage with your Separated Partner
Circumstance may force you to Transfer the Mortgage from your partner. Unfortunately, desperate times require desperate measures, and by losing your partner, you must come up with a solution to solve the problem. Here are a few ways to handle the challenges.
Buy out Your Ex-Partner
After separating, your ex may no longer be willing to pay the mortgage for some reasons. Losing the house might not be an option for you, especially when living with your kids. The idea of starting over again might be so difficult considering the efforts you have put together to own the Property. In such scenarios, you have to take action. So what exactly do you need to do? You can buy out ex-Partner shares and keep the Property by your name. To do this, you need to obtain the mortgage lender’s consent to be the sole name left on the mortgage. The other partner must agree that they have handed offer their part of the ownership to you.
What is left is for the lenders to dig deep into your financial accounts to determine whether you are eligible to pay the mortgage alone. Once you are cleared and have with you the consent from the lender, the rest is left with you and your partner. First, agree on how much to pay for the shares she owns on the Property so far. On standard terms, you are to refund the deposit your partner contributed to the Property ownership. After achieving the mortgage lender consent plus the total payment to your partner, you can start transferring the equity process to buy out your ex-Partner shares.
Involving another Lender
Since the mortgage fee is very high to afford, you can remortgage with a different lender to clear with the current lender. After clearing with the current lender with the help of the new lender, you are left with the current lender to pay what is left as agreed. This may prove to be more expensive, but it’s an option between losing your entire investment or spending a little more from the entire investment. Another option to slice this cost is by directly replacing your partner with another lender. This means that the two lenders are still participating, but you will reduce the pressure of paying your partner to contribute through the second lender.
Replacing your Partner with another Partner
The mortgage terms and conditions allow you to transfer the mortgage if you agree. However, the new partner must undergo a similar protocol so that the lender can determine whether the new partner is eligible for such payments. You can also choose to place a trustee on behalf of the gone partner. This means that you will clear with the guarantor to own the whole Property.
Keeping the Property until its fully Paid for
Losing the house might not be an option for either of you. In this case, you might decide to keep the house until it’s entirely owned by the two of you. First, however, since you are no longer together, you have to agree on the following:
Who is to live in the Property
Agreeing on the one to take over the house is very important. With this, consider the one living with the children or base your arguments on the main reasons as to why you separated.
How much should each of you contribute towards the mortgage and the household expenses?
Separating means you are no longer sharing your chores. Owning a property comes hand in hand with the responsibilities in it. For instance, consider electric bills, water bills, Wi-Fi, food, furniture, a watchman, and other needs that require ongoing management.
How much should each of you own?
Keeping in mind that the Property is yours upon completing the mortgage, it’s essential to start thinking about owning the house. You may decide that the Property is to be left for your children for inheritance.
How long to retain the property until it’s sold
Should you maintain the Property after clearing the debt? This is important since the expenses will keep on increasing. Considering that neither of you will be at the Property, you should think of reinstalling the ownership of the Property.
The fact that you are no longer together complicates’ the agreement. You can speak to a divorce solicitor for a fair conclusion regarding the mentioned plan. Here is an idea on how to share mortgage repayments when you split with your partner.
Live in the same Property contributing equally.
Separating should not be the end of your developments. In many cases, the agreement was initially based on the idea to reduce your monthly housing expenses. Ending the agreement means that you have to pay entirely for a new house. You can set your differences for the common interests and continue living in the same Property, and a joint mortgage paid by one person should not be the case.
Inviting Tenants to Pay the Rent
This might be a good idea when one or both partners cannot live together under any circumstance. Inviting tenants allow you to clear the mortgage without incurring losses. Getting a New Mortgage
You can agree that the one remaining in the Property to clear the mortgage by themselves while the other gets a new house.
Selling Off the House
This is one of the easiest ways to solve your problems. If the other options are out of reach, you do not have to go through many struggles to repay your mortgage. Sell your home to a willing dealer and clear with the mortgage. Share the rest of the equity with your partners. If you’re in negative equity where your outstanding mortgage is higher than your property’s value, you may have to divide any outstanding debt between you and your partner. Consult your mortgage to way out the options with you.
Alternatively, if your partner disagrees on the many options, you can consider dealing with a broker. Brokers are known for solving any problem at hand, saving you a great deal of money. For example, you can sell the entire mortgage to another person provided by an experienced broker. Using a broker will save you the cost and time to find a new dealer all by yourself. A broker is also effective in cases where you have been paying more than your partners. The broker will press charges so that you will get according to your contribution after the sale of your property. Brokers can also go for a court order to prolong the period at which you are supposed to lose your Property in case of the separation.
Pros of Paying off Mortgage
Despite the challenges, you face while paying a mortgage alone, the reward upon completing is excellent. Here are some of the advantages of separating yourself from the partnership deal.
- Full Ownership of the Property
You get to enjoy complete control of your house, answering to nobody. Keeping in mind that such asset will always increase their value, you might end up repaying what you used to acquire the Property with a profit. Full ownership of the house also means securing a future for your children.
- Positive Credit Scores
This might not sound as important as it is supposed to be. However, not damaging your reputation as a creditor is of such benefit. In the future, you will never get a loan rejection due to the positive scores you got from the mortgage lender.
- Financial Freedom
Since paying this debt is a long-term thing, completing the payment gives you so much relief that you can venture into other things with your money.
- Tackle Other Depths
With your mortgage being cleared, you have a chance to clear other debts that you have been withholding because of the pressure in regular payment to the mortgage lenders.
Paying off the mortgage all by yourself should not be such a big deal. All you need to do is prepare financially since it won’t be a smooth road to take. Upon completing the payment, you can be sure to be safe from the unstable housing market that is constantly increasing and enjoy the feeling of being your boss.