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Chloe asks:

I'm going through a divorce.  I don't work as I have two small children.  My ex-husband is unreliable at working and contributes nothing.  In order to keep the family home I've been told I need to be able to re-mortgage in my name only, but have no idea if I can get a mortgage currently. There is 45% equity in the property and I'm receiving Mortgage Interest Benefit for potentially the next five years or until I start work. I’ve lived in the house for five years before we I married and my husband is on the deeds. Any advice on my situation would be appreciated. 

Ray Boulger
Mortgages

Although you have plenty of equity in your property lenders will still want to be satisfied that you can afford the mortgage. Even though the Mortgage Interest Benefit you receive may mean you can afford the mortgage now, the fact that it is only "potentially" payable, and even then only for five years means that it will be very difficult to satisfy a lender on affordability over the mortgage term. It is not clear from your email whether the reason for remortgaging is simply to take your husband's name off the deeds or whether it’s also to raise some cash to pay him off for his share of the equity.

It is also not clear who has told you that you need to remortgage to keep the family home. If it is not your solicitor you should consult an organisation like the Citizens Advice Bureau or get legal advice to see if remortgaging is really necessary because doing so will be very difficult, and may be impossible. If, on the other hand, your husband's name stays on the deeds you will not need to remortgage and as long as the Mortgage Interest Benefit continues to meet the mortgage payments you will not lose your house. Even if these payments eventually cease at least you will have bought some time to explore alternative housing arrangements. 

If you were getting regular maintenance payments from your husband, some lenders would take them into account when assessing what you could afford and this would make a remortgage easier. If you haven't already done so it may be worth applying to the Child Support Agency to at least try to make your ex husband make some payments towards your children’s upkeep.

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