Dealing with divorce and what this means for your home

The beginning of a new year marks a fresh start and chapter, but unfortunately for some, thiscan include divorce or the dissolvement of a civil partnership.One of the biggest financial dilemmas you’ll face is deciding what to do with your family home.Andrew Milnes, business principal and mortgage adviser at Mortgage Advice Bureau Bingley, answers some frequently asked questions on the subject of home ownership and separation.Separating from your partner is an incredibly stressful time, so it’s important not to becomeoverrun by your emotions.Don’t bury your head in the sand, speak to an expert adviser, who can guide you through your options during what can be an extremely challenging period of your life.

* After divorce, who has priority over the family home? Unfortunately, there is no simple answer to this question. Even if the house is registered in

one name, property is typically considered to be a marital asset and so if arrangements can’t be made amicably, it might be necessary to go to court.

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Ultimately, the courts priority willalways be to make sure any children under the age of 18 have a secure home to live in.

Andrew MilnesAndrew Milnes
Andrew Milnes

*I want to stay in the house, but can’t afford the mortgage on my own so what are my options?

There are several options available in this scenario, however, the first port of call is to check what benefits you might be eligible for. Once you have a better overview of your finances, you’ll be able to understand how ‘short’ you will be each month, if at all, and plan from there.

It might be that your ex-partner can continue to support you and your family by paying spousal maintenance. However, if that’s not an option, you might have to consider selling the property.

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Alternatively, a number of lenders offer DIY mortgage innovations which you may qualify for, such as those within Generation Home where a “Deposit Booster” allows friends and relatives to invest in a property upfront and interest free.

Its “Income Booster” feature supports affordability by making it possible to add immediate family members to a mortgage

*We can’t agree on whether to sell the house or not. What happens now? If you and your ex-partner are locking horns over whether or not to sell your family home, and you don’t believe it will be possible to come to a mutually beneficial agreement, you may need to get a court order.

In this instance, a judge will make the decision for you based on the facts presented to them. This can be a costly process in terms of time and money, and is often stressful for both parties.

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It is possible to appeal a judge’s final decision, however, there is a very strict time frame for this, and it’s likely that you’ll be left with significant legal costs if you lose your appeal.

*How do I get a mortgage on my own? Regardless of whether you’re looking to remortgage to buy your ex out of your family home or invest in a new place, the sooner you can get your finances in order, the better.

Your employment status will also have an impact, too and if you’re employed, you’ll need to present documents when speaking to a broker incuding three months’ worth of pay slips, your last three months of bank statements, your last P60 and if you are self-employed other statements.