Transferring a mortgage after a divorce: Your rights


Questioner

At the moment, my ex-partner and I have a mortgage on our home, of which we both own 50%. I have been living in the home alone for over a year now and pay the costs completely independently. He has moved back in with his mother. He cannot bear the costs, which is why we want to transfer the mortgage from both names to my name. However, we are dealing with a negative equity, which he is now difficult about. He has no savings and will have to take out a loan to pay half of the remaining debt to me. However, he refuses to take out a loan or possibly sell the car, which means he is no longer willing to give up the mortgage. What can I do about this situation and what are my rights?

Lawyer

if you can take over the house based on your own income (and assets) you can enforce this through the judge (if he continues to refuse). You will then have a claim on your ex if there is a negative equity.

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