A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Divorced and joint mortgage what if he dies?

  • Pandora71
  • Pandora71's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Mar 12 #320548 by Pandora71
Topic started by Pandora71
Hi, Recently divorced but still living under the same roof at the moment. Can''t get the joint mortgage in my name as I''m on low income, but Consent Order said house would be mine once I can take it on financially so it will be a few years yet. My question is - what happens regarding the mortgage if ex-husband dies as we are now divorced?

At the time of taking out the mortgage we both had separate policies for the mortgage to be paid if we died - but does that still stand now we are divorced?

Also, without his child maintenance payments there is no way that I could pay the mortgage on my military pension and I have 3 children under 6 to look after.

Obviously I hope he does live a long life, but worst case scenario - is there anything that I can do to protect myself and the children?

Thanks for taking the time to read my post.

  • chamberlain
  • chamberlain's Avatar
  • Premium Member
  • Premium Member
More
28 Mar 12 #320552 by chamberlain
Reply from chamberlain
Suggest that you take out a life insurance policy on ex, premiums paid by you as benifiary - would need his agreement. No one ever mentions this on this site when spousal maintenance is discussed - something that should be included in a Consent Order in my opinion. My ex refused to give his authority - only discovered the need aftr our consent order was agreed. Solicitor did not recommend this although charged the earth.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
29 Mar 12 #320610 by cookie2
Reply from cookie2
What would happen is that you would own the house and the mortgage. If he has assets then you might be able to claim against them or contest the will if he does not make adequate provision for you to cover loss of maintenance. If he has no other assets then you''ll be solely responsible for the house and mortgage. If you can''t afford to pay then it''ll get repossessed.

  • Pandora71
  • Pandora71's Avatar Posted by
  • Junior Member
  • Junior Member
More
29 Mar 12 #320626 by Pandora71
Reply from Pandora71
Great :-(Will look into the policies and also life insurance.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11