mortgage after separation

How to Buy an Ex-Partner Out of a Joint Mortgage After Separation

Why keep the property instead of selling?

  • Keeps children in the same schools and neighbourhood
  • Dodges estate-agent fees and removal costs
  • Lets you keep any future house-price growth
  • But: you’ll shoulder 100 % of the mortgage and bills, so check affordability first


1️⃣ The five core steps

  1. Agree a valuation – use three local estate agents or pay a RICS surveyor.
  2. Calculate equity – (current value − outstanding mortgage) ÷ 2 (if 50/50 owners).
  3. Get lender approval – either a remortgage in your sole name or a product switch plus “transfer of equity”.
  4. Sign legal paperwork – your solicitor drafts a TR1 transfer deed and handles Land Registry forms.
  5. Pay your ex and any taxes/fees, then register the new ownership. elitelawsolicitors.co.ukmanaksolicitors.co.uk


2️⃣ How to work out the pay-out

Item Example
Property value £300,000
Mortgage balance £180,000
Total equity £120,000
Your ex’s 50 % share £60,000

You’d need to raise (mortgage + cash) of £240,000 (£180k to clear the old loan, £60k to buy their share).


3️⃣ What will lenders look at?

  • Affordability: income vs. new mortgage alone
  • Credit score & commitments
  • Loan-to-value (LTV): the higher the LTV, the tighter the criteria
  • Length of time in current job / self-employment
    Some high-street banks cap borrowing at 4.5× income; specialist lenders can stretch to 5-6× if you have a strong profile.


4️⃣ Documents you’ll need 📑

✅ Latest payslips or SA302s (if self-employed)
✅ P60 or tax year overview
✅ 3–6 months’ bank statements
✅ Mortgage statement showing the current balance
✅ Formal valuation report
✅ Separation agreement or court order (if relevant)


5️⃣ Will you pay Stamp Duty Land Tax?

  • Married or civil partners: usually exempt if transfer is under a formal divorce/separation order. Osbornes Law
  • Unmarried couples: SDLT is payable on any “chargeable consideration” (cash + mortgage you take on) above £125,000. GOV.UKThe Sun


6️⃣ Typical costs 💷

Cost Range
Valuation £250–£600
Solicitor (transfer of equity) £250–£500
Land Registry fee £50–£200
Lender product / remortgage fee £0–£1,000
Stamp Duty (if due) Depends on consideration


7️⃣ Time-line ⏳

  • Simple cases: 4–6 weeks (both parties cooperative, same lender)
  • Complex cases: 8–12 weeks+ (new lender, adverse credit, disputes) The Law Superstore


8️⃣ Alternatives if you can’t buy them out

  • Sell and split the proceeds
  • Mesher order: delay the sale until children reach 18
  • Guarantor / joint-borrower-sole-proprietor mortgage
  • Shared ownership staircasing later


9️⃣ Next steps checklist ✅

  1. Book a valuation
  2. Download your credit report
  3. Speak to a mortgage broker who handles transfer-of-equity cases
  4. Instruct a conveyancing solicitor
  5. Agree a written figure with your ex and start the mortgage application


💬 Need personal guidance?

We’ll match you with lenders who understand separation-related transfers so you avoid high-street rejections and keep life moving forward.

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