Your mortgage during and after divorce

Who pays, how a release works, what porting means, and what to do if payments become unaffordable.

Updated 19 August 2026·6 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

A joint mortgage makes both of you liable for the whole debt, not half each. That single fact drives most of the difficult decisions.

Options

  • Sell and redeem the mortgage from the proceeds.
  • Transfer of equity with a release of the outgoing borrower, subject to affordability.
  • Keep the joint mortgage temporarily with a written agreement on payments.
  • Port the mortgage to a new property if the lender allows.

If payments are a struggle

Speak to the lender early. Payment arrangements are far better than arrears, which harm both credit files and reduce your options later.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

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Frequently asked questions

Can the court order the lender to release me? ▼

No. The order can require your ex to use reasonable endeavours, with a sale as a fallback.

What if my ex stops paying? ▼

You remain liable. Consider paying to protect your credit and recovering it in the settlement.

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