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meadow007 · Nov 7, 2009, 07:01 AM

My husband walked out a year ago and as far as I know he has left the UK. We've been married 9 years and the house was bought a year into our marriage. I have a 15 year old from my first marriage. I found out the house is in his name. The mortgage lender will not talk to me as my name is not on the account. What happens to the house? Can I legally have it transferred to my name? Do I have any rights at all on the house? Will I eventually be asked to leave once my child is over 16 years old? The mortgage has not been paid since he left last year. Help! :confused:

ScottGem · Nov 7, 2009, 07:05 AM

You need to file for Divorce so that the property can be transferred. Contact a solicitor immediately before the bank forecloses.

meadow007 · Nov 7, 2009, 07:14 AM

Thanks for your quick response. Does this advice still apply in the UK? Maybe I should have mentioned this initially! I didn't know this forum was in the states... xxx

ScottGem · Nov 7, 2009, 07:27 AM

The site is international, though the majority of members are in the states. And yes you did mention this was the UK, which is why I referred you to a solicitor rather than an attorney.

I'm not that familiar with UK divorce laws, but they are not hugely different than in the US. If your husband moved out, especially if he left the country, then you should be able to get a divorce on those grounds.

But if the mortgage has not been paid, then the bank may be getting ready to foreclose. That's why you need to see a solicitor immediately, to put any foreclosure action on hold until the divorce proceedings can determine ownership.

By the way, can you afford to make the payments?

meadow007 · Nov 7, 2009, 07:45 AM

Scott, thanks once again for your speedy reply. Seems I'm not at all on the ball today! OK... I will definitely take your advice and seek a divorce... thank you again.

And yes, the interest rates are low now so can manage the payments.

ScottGem · Nov 7, 2009, 08:31 AM

One of the first things to talk about with your solicitor is working out a deal on the mortgage. Have him tell the bank you can immediately resume payments, but you may not be able to make up the arrears that you only recently found out about. Ask that they be added on to the end of the mortgage.

meadow007 · Nov 7, 2009, 08:37 AM

Thank you Scott... and you are a GEM! Thanks so much for your advice. Xxx