Why won’t Halifax take my violent ex-husband’s mortgage off his hands? DAVID HOLLINGWORTH responds

I finalized my divorce in March 2022. After three court hearings, I have a court order stating that my ex has no liability if I default on payments and no benefit if I sell the property.

I paid my ex a substantial sum to buy it as per the court order and also as By court order, my ex’s name was removed from the title deed at the Land Registry, for which Halifax gave permission.

I have been exclusively covering mortgage for almost five years and have kept Halifax fully up to date.

They have copies of all the necessary documentation. However, they will not get you out of the mortgage. saying that it is unaffordable for me.

He refuses to justify why, given that I have been paying only the mortgage for so long and have also made overpayments during that time.

If I want to change rates or do anything, I still need my ex’s permission.

I have no idea where my ex is or if he still has the same lawyer as I am not receiving anything from them.

I have been granted three non-assault orders due to my ex’s violence and controlling behaviour. Therefore, I have no desire to try and track him down for numerous reasons including safety.

How can I get Halifax to remove my ex or transfer the mortgage into my name?

It seems completely wrong that someone with no responsibility or benefit, who does not appear on the title deeds, should have control and say over the mortgage. What can I do? Can I make a claim to the FSA?

Halifax have told me that they cannot withdraw the mortgage while I am still paying. Is this correct? I’m on the verge of collapse because of this situation and any advice you can give me would be appreciated.

SCROLL DOWN TO FIND OUT HOW TO ASK DAVID HIS MORTGAGE QUESTION

David Hollingworth responds: Thank you for sharing the details of the problems you faced during the separation with your ex-husband.

It’s clear that this has been a stressful and difficult situation for you, with many challenges to overcome to get to this point.

In most cases, the mortgage will be in the same names as those on the title deed.

The breakdown of your relationship clearly required court intervention, resulting in you buying out your ex-husband.

However, when taking out a joint name mortgage into a single name as part of a purchase process, often referred to as an equity transfer, the lender will also want to be able to see that the mortgage remains affordable.

It seems that this is what has created the sticking point here.

Lenders will want to assess that the individual borrower will be able to meet their affordability criteria.

This will require an assessment of the new income level, along with expenses that must be taken into account in the lender’s affordability assessment.

This provides a more individual level of available borrowing than a simple multiple of income, but will typically be in the order of 4 to 4.5 times income as a general rule.

Therefore, much depends on the individual circumstances of each case, taking into account the level of expenses and, therefore, the available income.

>When will interest rates fall?

Our reader has no desire to try to locate her ex for numerous reasons including safety and Halifax refusing to remove her name from the mortgage.

The need for an affordability assessment is designed not only to protect the lender but also the borrower, as allowing too large a loan could put the borrower in difficulty.

Hopefully this will help provide an overview of the standard approach to an equity transfer situation and it appears the lender is reluctant to release your ex-husband from the mortgage for affordability reasons.

However, given his circumstances, this could bring with it a series of collateral problems.

Switching from one rate to another, even with the same lender, will still require the consent of all borrowers on the mortgage.

That would make a direct rate change problematic when such consent is difficult to obtain.

What else could you try?

You might consider taking out a mortgage with another lender to pay off this mortgage.

It would be wise to understand your solicitor’s position, but you would also need to seek more specific mortgage advice, to check whether you may encounter the same affordability issues with other lenders.

If there is a potential joint alternative borrower, such as a family member, that may help you move toward taking control of the mortgage, but you will need to make it clear that you will also be assuming responsibility for the mortgage.

I think it is worth your while to try to engage in a more detailed dialogue with Halifax. This is such a complicated situation that it will require a more personalized approach.

While the usual approach may not allow for the removal of your ex-husband, lenders may consider circumstances on a more individual basis when necessary.

The fact that you have had to apply for non-harassment orders shows how difficult your situation is and I think the lender will want to take these circumstances into account to try to find a better solution.

He has maintained his mortgage payments, which is clearly a very positive thing and a more individual discussion could allow for a case-by-case analysis of the situation.

I would also like to assure you that the lender will not attempt to recover the mortgage debt as long as you continue to make payments.

While a more tailored approach means it’s difficult to recommend what options may be available, I would encourage you to seek further assistance from your lender to try to regain more control of your mortgage and avoid falling into higher rates due to your personal situation.

I sincerely hope this is successful, but if you decide a complaint is necessary, the banks will have a complaints process available.

You must follow the entire process, but if you are still not satisfied with the outcome, you will also be given the option of taking it to the Financial Ombudsman.