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Divorce, separation and your home

At such a difficult time, there can be a lot of things to deal with – and a lot on your mind. We are here to help you if you are struggling to keep on top of important payments.

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How divorce or separation can affect your home

Separating from a partner can be a huge life change. It can impact your finances and mean you have to move. But there are options such as downsizing, changing your mortgage and looking into joint liability.

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Joint liability on your mortgage

You have ‘joint and several liability' if any of these apply:

  • You have any joint debts with your ex-partner
  • Your mortgage is in both your names
  • Your secured loan is in both your names

This means you would need to pay what is owed if your partner cannot, is unable to, or refuses to do so.

How do I find out if this applies to me?

You can check:

  • If you have any joint debts on your credit file
  • Your mortgage or secured loans agreements

What can I do about joint liability?

You can apply for a ‘notice of disassociation’ which is used to update credit files. This will:

  • Stop your ex-partner's debts appearing on your credit file
  • Protect your credit rating

You can contact the credit reference agencies to ask them to update your record.

Read our guide to how debt affects a credit file.

Working out a budget

Whatever you decide to do next, having a realistic budget is an important first step.

Mortgage lenders will need to see what you can afford. And if you are falling behind with payments, this is how to start getting your finances back on track.

We will put together a budget with you if you come to us for debt advice.

Or get started with our budgeting guides.

Selling the property

You may both agree this is for the best. It could offer you a fresh start and if you downsize, it could:

  • Free up some equity
  • Help you pay off debts

Always get advice from an expert financial and legal advisor before taking action.

Could you use a guarantor to help you do this?

If you are finding it hard to get a new mortgage or rental agreement on your own, you may need a guarantor. In this case, if you do not pay your rent or mortgage, your guarantor would have to pay what is owed.

Find out more about guarantors.

Getting legal advice

Separation when owning a home can be very complicated, even if you are keeping things friendly.

To make sure you are fully informed to make important decisions, you should get the right help.

Here are some legal support services you may find helpful.

Getting help with any debts you have

With so much going on, it would be normal if you miss some important payments or let them pile up.

Freeing yourself from worrying about debt can:

  • Make mortgage payments easier
  • Take some pressure off
  • Let you focus on the future

Don’t wait for things to get worse

We are here to help you with our free and impartial debt advice and support service.

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