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.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Consent Order - Morgages - Bangs Head on Table x6

  • Patrick1968
  • Patrick1968's Avatar Posted by
  • Elite Member
  • Elite Member
30 Apr 12 #327390 by Patrick1968
Topic started by Patrick1968
Hello. I have had a Consent Order drafted and asked my ex to populate a D81. She is staying in the FMH home and I''m staying on the covenent until I return to the UK next year where I plan to get a mortage so I can get equal shared access to our children. She is aware of this and has agreed to it.

Heres the question part. If she is able to afford the mortgage without my financial support will the mortgage provider be content just to have her name on the mortgage. The provider is Santander.

If not does anyone know of a provider that will give a second mortgage even though I''d be ''in name only'' on the FMH mortgage.

Thank You

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
30 Apr 12 #327399 by TBagpuss
Reply from TBagpuss
The lender will normally treat any application to take your name off in a similar way to a new maortge application in her sole name. If the mortgage is more than she could borrow in her own right, thy *may* be willing to consent to your name being removed if she can show that she can afford the repayments. A lot of lenders will consider this only after she has ben able to show a minimum of 6 months of her paying the mortgaeg without help.

Does your order say that she is to ''use her best endevours'' to get you released from the mortgage? If not, she is n''t under any obligation to try to get your name taken off.

If it does, then if she is turned down to start with then you can ask her to make further nquiries after (say) 6 or 12 months.

I would suggest that you speak to an independent mortgage advisor about your options re: a second mortgage. I think al ot would depend on your income, size of deposit, amount of equity in the FMH etc, as these all affect what lenders are willing to lend you. It will be seen as a higher risk so you are liekly to be looking at more expensive mortgages and will probably need a bigger deposit than if you had no other mortgages.

  • Patrick1968
  • Patrick1968's Avatar Posted by
  • Elite Member
  • Elite Member
30 Apr 12 #327403 by Patrick1968
Reply from Patrick1968
Thank you.

The equity I won''t chase until the youngest is 18, that I can wait for. I should have a deposit of around £15-20k and earn £33k a year.

My concerns are whether its likely I can get a mortgage if I''m on the orginal ''in name only;.

And while I''m ''in name only'' she is able to afford the mortgage ?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11