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General advice sought on protecting current partners house!!

  • John8543
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18 Aug 22 #519830 by John8543
Topic started by John8543
Hi everyone. Basically received the Decree Absolute over a year ago. Getting nowhere with a financial Consent Order (ex is extremely difficult).
I currently live with my new partner who has a mortgage on her house. In a couple of years this is due for renewal and ideally, she'd like us to get a joint mortgage. I would be putting in zero capital. Absolutely nothing from my previous marriage. Quite simply, does anyone know if there's another legal way (even if it involves me relinquishing any equity from the property and signing a dead of trust to say my current partner keeps 100% of the house) to stop my ex wife making any kind of financial claim on it in the future!? I know without a consent order I'm vulnerable potentially but surely, through a solicitor, there must be a way of me ghosting the mortgage without it technically being deemed an asset of mine!?
Any type of response is greatly received, this issue is causing a real sense of anxiety in my current partner as it's the inevitable progression we'd like our relationship to take but not at the mercy of my ex obviously!
Thanks in advance

  • .Charles
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19 Aug 22 #519831 by .Charles
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"there must be a way of me ghosting the mortgage"

The only reasons I can think of for you being put onto a mortgage is to have an interest in the property or in order to obtain a mortgage which your partner cannot afford.

If the latter is true, there will be some kind of deception as you would be obtaining the mortgage based upon the loan to value of the property with your joint income. If you have no financial interest in the property yet you are borrowing against it that would be mortgage fraud. If you stated the true position i.e. you wanted to borrow against a property in which you have no financial interest, you wouldn't be able to get the mortgage.

The only guarantee is to get a court order, by consent or otherwise, in family proceedings. You say your ex is being difficult but have you issued proceedings? Are your finances complex?

Of course, you could rely upon the principle that any assets acquired post-separation are non-matrimonial (which is generally the approach) but it depends upon the financial position of the parties.

Charles

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