Divorce with a joint mortgage
You can divorce with a joint mortgage still in place. Divorce does not change who the lender can pursue, so until the mortgage is transferred, redeemed or the property is sold, both of you remain responsible for the payments.
CalmSplit prepares your divorce application for a one-off £159, and can produce a consent order that records what you have agreed about the property and the mortgage.
- Joint borrowers stay jointly and severally liable until the mortgage changes
- Missed payments affect both credit files
- A consent order stops future claims once you have agreed
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
Check suitabilityStart with no payment. The £159 fee is paid when you prepare your application.
See how it worksWhat joint liability means in practice
Joint and several liability means the lender can pursue either of you for the whole payment, regardless of any private agreement between you. Keeping payments up to date protects both credit records while you resolve the settlement.
Ways to unwind a joint mortgage
- Sell the property and redeem the mortgage from the proceeds
- Transfer of equity with the remaining owner remortgaging in their sole name
- Deferred sale with an agreed trigger event, recorded in a consent order
- Remortgage with a guarantor or a different lender if affordability is tight
Interim arrangements
Write down who pays what while the house is on the market or being valued, including insurance, council tax and maintenance. Clarity now prevents disputes later.
Frequently asked questions
Related CalmSplit pages
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