Divorce and mortgages

A joint mortgage doesn't end when a relationship does. The mortgage continues until the lender agrees to a change, which means both names remain liable until the legal steps are completed.

Last checked 13 September 2026.

Eight sections. Each anchored to a first-party source, checked 13 September 2026.

1. Why you can't just remove a name

A joint mortgage is a contract between you, your partner, and the lender. The lender is not a party to your divorce proceedings and is not bound by a court order that says one of you takes the property, unless the lender separately agrees. Until the lender gives its consent to a transfer of equity and is satisfied the remaining borrower can afford the mortgage alone, both names remain on the mortgage and both remain fully liable for the whole debt.

2. Transfer of equity

Removing one person from a mortgage (and title) is a legal process called a transfer of equity. It requires lender consent, a solicitor to register the change at HM Land Registry, and a new affordability assessment by the lender for the person taking sole ownership. The lender is entitled to decline if it is not satisfied the sole borrower can service the debt. If consent is refused, the options are to sell, to remortgage to a new lender on sole terms, or to keep the joint mortgage in place until circumstances change.

3. Affordability on one income

A lender assessing a transfer of equity runs the same affordability checks it would for any mortgage application: income, committed spending, the loan-to-value, and the remaining term (MCOB 11.6). If the sole income does not support the existing mortgage amount, the options are a longer term (if the lender agrees), a lump sum to reduce the balance, or a sale. Use the repayment calculator to see what the monthly payment on sole terms would be.

4. Stamp duty on a transfer of equity

When one partner takes on the other's share of a jointly owned property, Stamp Duty Land Tax (England and Northern Ireland) may be due. SDLT is calculated on the chargeable consideration, which includes any mortgage debt assumed by the remaining owner. If the property is owned equally and the mortgage outstanding is £200,000, the remaining partner takes on £100,000 of debt, and SDLT is calculated on that amount at the standard rates (GOV.UK — SDLT: transfers of equity). In Scotland and Wales, Land and Buildings Transaction Tax and Land Transaction Tax apply respectively. A solicitor specialising in family property will calculate the liability.

5. Protecting your credit while negotiations continue

Until the mortgage is transferred or the property is sold, both parties remain liable. A missed payment caused by the other party will appear on both credit files. If you are concerned the payments will not be made, contact the lender early: lenders have forbearance options and are required to treat customers fairly under FCA rules. Keep your own record of any payments you make unilaterally.

6. If neither person can afford the mortgage alone

If neither party can service the mortgage on a single income, and the property has equity, selling and splitting the proceeds is usually the cleanest outcome. If there is negative equity, both parties remain liable for the shortfall after sale, and the lender's agreement will be needed to accept a sale for less than the outstanding mortgage amount.

7. Getting a new mortgage after divorce

Once the transfer of equity or sale is complete and you want to buy again, lenders assess the application in the usual way. Child maintenance and spousal maintenance payments count as committed spending, which reduces the amount you can borrow; regular maintenance received may be counted as income by some lenders. Be clear about both when talking to a broker.

8. What to ask a broker

Ask whether they have experience with transfer of equity cases and which lenders they typically use when one party needs to take on sole responsibility. Ask whether the lender they would approach assesses maintenance payments received as income. At the start, the broker must tell you the range of lenders it can access and any fee it charges (MCOB 4.4A.1R and 4.4A.8R).

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General information, not advice. Mortgage Brokers List is a directory and a set of free tools. Only an FCA-authorised adviser can recommend a mortgage for your circumstances. See our editorial standards.