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Hello and thank you for reading.
I am in a VERY complex situation at the moment with regards to a consent order and property. My ex husband and I separated in 2016. I stayed in the marital home with our son. We resolved the divorce via mediation as things were very amicable at this point and my ex convinced me that we didn't need solicitors.
I was awarded all of the equity in the house on the condition that I left his generous works pension untouched. I agreed to this as I felt it fair. The consent order stipulates that I am to take responsibility for the remaining mortgage from 30th July 2020 so I've been looking for a lender. But it turns out that my ex never put me on the deeds. So now I am stuck on a position where I can't get put on the deeds without a lender to agree a mortgage and I can't find a lender who'll agree to a mortgage without being on the deeds. My ex has asked his lender if I can be added retrospectively and I cannot.
My broker thinks that if I can revisit the market in 6 months or so, lenders may be more relaxed about this odd situation and be able to process the application asa special case. With the pandemic situation, lenders are very nervous of anything not run of the mill. Obviously, I don't have 6 months due to the date constraints on the court order. My broker said actually there is no caveat on the order saying "if I can be added to the deeds" so I may be granted a time extension or in the least a judge wouldn't penalise me for not adhering to the set date as there's plenty of evidence that I've been trying my hardest to resolve this but what is holding me up is my ex not declaring that he hadn't added me to the deeds. Another factor that is working against me is the current pandemic. My broker advised me that several of the products she would have recommended to me at the beginning of March just aren't there now and lenders are being super jumpy about my unusual situation and that waiting until the market stabilises is my best bet.
I hope all of that makes some sense. What I really want to know is, what will happen if I wait 6 months to see if I can find a lender willing to take me on? Will I be fined? Can my ex turf me and my son out? Thank you.
I am in a VERY complex situation at the moment with regards to a consent order and property. My ex husband and I separated in 2016. I stayed in the marital home with our son. We resolved the divorce via mediation as things were very amicable at this point and my ex convinced me that we didn't need solicitors.
I was awarded all of the equity in the house on the condition that I left his generous works pension untouched. I agreed to this as I felt it fair. The consent order stipulates that I am to take responsibility for the remaining mortgage from 30th July 2020 so I've been looking for a lender. But it turns out that my ex never put me on the deeds. So now I am stuck on a position where I can't get put on the deeds without a lender to agree a mortgage and I can't find a lender who'll agree to a mortgage without being on the deeds. My ex has asked his lender if I can be added retrospectively and I cannot.
My broker thinks that if I can revisit the market in 6 months or so, lenders may be more relaxed about this odd situation and be able to process the application asa special case. With the pandemic situation, lenders are very nervous of anything not run of the mill. Obviously, I don't have 6 months due to the date constraints on the court order. My broker said actually there is no caveat on the order saying "if I can be added to the deeds" so I may be granted a time extension or in the least a judge wouldn't penalise me for not adhering to the set date as there's plenty of evidence that I've been trying my hardest to resolve this but what is holding me up is my ex not declaring that he hadn't added me to the deeds. Another factor that is working against me is the current pandemic. My broker advised me that several of the products she would have recommended to me at the beginning of March just aren't there now and lenders are being super jumpy about my unusual situation and that waiting until the market stabilises is my best bet.
I hope all of that makes some sense. What I really want to know is, what will happen if I wait 6 months to see if I can find a lender willing to take me on? Will I be fined? Can my ex turf me and my son out? Thank you.
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