Mortgage after Divorce

Blanchardstown, Castleknock, 27 Mount Street Upper, Dublin City Centre

Mortgage after divorce Solicitors based in Dublin City Centre

Divorce and separation are themselves stressful events, and on top of it all, we know that the media reports moving house as one of the most stressful tasks you can undertake…

It is usual after separation that there are readjustments and changes to living arrangements for one or both parties.

Sometimes one party will remain on in the family home with the existing mortgage remaining or take over the mortgage, or perhaps re-mortgaging to purchase out the interest of the other owning or non-owning spouse.

Family law and new arrangements can be big adjustments and involve substantial financial decisions.

In joint mortgage separation cases where agreement cannot be reached the Courts can make property adjustment orders and orders for sale. Having early solid reliable advice can greatly inform your situation and ability to make decisions.

At Carmody Moran Solicitors in Dublin City Centre we know that in addition to having your case handled by experienced professionals with the highest level of expertise and sensitivity, that cost is a serious factor, as well as the value of expert and early legal advice. That is why you can arrange to have an initial Consultation in family law matters for a reduced fee and this gives you an opportunity to review your situation and ask the expert questions regarding your specific circumstances.

What happens to a joint mortgage when you divorce?

From your mortgage provider’s point of view, your divorce is irrelevant; you each signed the joint mortgage contract, and so as things stand, you both remain as liable for paying it as if you were still together.

There is a wide range of options that can be determined as regards property and mortgages. The Courts or you both directly can reach an agreement regarding:

  • Divisions of ownership
  • Timing of sale
  • Distribution both sale
  • Payment or contributions to the mortgage
  • Indemnities regarding the mortgage
  • Release from the mortgage
  • Purchase out and re-mortgage

At Carmody Moran our family law team is supported by an experienced team of conveyancing solicitors, skilled in dealing with re-financing, re-structuring, and land transfers. This enables our family lawyers to provide objective, realistic, and practical advice. They draw on their experience to provide an early assessment of the likely outcome of each case.

 

Taking over a mortgage after a divorce

As you can gather there can be various options with regards to the future of property ownership following separation or divorce.

Some people hold valuable tracker mortgages or wish to simply stay with their existing mortgage provider, in cases where they are opting to take over the ownership of the property in full from the co-owner and release them from the mortgage.

This is not the consideration of the borrowers alone however and in the first instance, the lender must agree to the change. A joint mortgage underwritten on two incomes may not pass the lender’s affordability test with just one income – even if you’re not asking for any more money and even if you have been paying it on your own for some time. You will have to make an application to the lender to obtain their consent to the change and you can anticipate they will have requirements including that the family law dispute is resolved and either a Separation Agreement or Court Orders are available to vouch for the situation, as well as other matters concerning the change in ownership.

The future financing and accommodation needs are important considerations in assessing financial options. At Carmody Moran our family law team is supported by an experienced team of conveyancing solicitors, skilled in dealing with re-financing, re-structuring, and land transfers. This enables our family lawyers to provide objective, realistic, and practical advice. They draw on their experience to provide an early assessment of the likely outcome of each case.

At Carmody Moran Solicitors in Castleknock, and on Mount Street Upper in Dublin City Centre we know that in addition to having your case handled by experienced professionals with the highest level of expertise and sensitivity, that cost is a serious factor, as well as the value of expert and early legal advice. That is why you can arrange to have an Initial Consultation in family law matters at a reduced fee and this gives you an opportunity to review your situation and ask the expert questions regarding your specific circumstances.

Your Expert Divorce Claims Legal Team in Dublin City Centre

At Carmody Moran Solicitors our experienced Divorce Solicitors Ireland are on hand to advise and skilled in handling all natures of Family Law including divorce, joint mortgage separation and more.

The two partners of Carmody Moran Solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.

Anthony-Carmody-Solicitor-Dublin

Anthony Carmody

Partner

Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.

He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.

Niamh-Moran-Family-Law-Solicitor-Dublin

Niamh Moran

Partner

Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.

Niamh manages the family lawconveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.

*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.

INDEPENDENT GOOGLE CLIENT REVIEWS
Grace Ohanlon
Grace Ohanlon
1700232954
Lovely solicitor. Rang for advise on a potential claim from an airline and gave great advice. Would highly recommend
Shannon Spence
Shannon Spence
1697704636
Myself and my partner worked with Carmody Moran earlier this year when buying our first house. As first time buyers, we weren't really sure how the whole process worked. Jim Downing really helped us and made the process clear and easy to understand, and kept us updated throughout the process. Would definitely recommond the service.
Almudena B.
Almudena B.
1696953957
We used Carmody Moran's conveyancing services, and we couldn't have wished for a better solicitor. Caila was extremely professional, responsive and knowledgeable. As first-time buyers, everything was new to us, but she had our back every step of the way, and was looking out for our best interests during the whole process. When things turned difficult on closing date, Caila intervened promptly and sorted everything out for us, even when it looked impossible. We cannot recommend Carmody Moran enough, and we'll surely use them for any future legal affairs we may have!
Parvathi R.Nair
Parvathi R.Nair
1695742166
Just wanted to express my deep gratitude for the dedicated work you did.The way that they treat clients are amazing.Always giving timely responses.I was very free to ask my queries and they gave me good clarifications.I highly recommend them to anyone looking for notary services 😊.
César cmc
César cmc
1695590275
I would definitely recommend Carmody Moran solicitors. They definitely made my journey easier, and had the patience to make me understand any parts of the process I struggled with.Special thanks to the team. 👍👍
Sergey Sk
Sergey Sk
1695240410
I was looking for a family law consultation and asked Carmody Moran for one. Unfortunately, they didn't have the capacity, but at least they were nice enough to call me back and reply by email.So the very least you can expect from these specialists is the right attitude (unlike from many others out there on the market), but likely a lot more!
Madeleine N
Madeleine N
1694685129
We recently engaged Carmody Moran Solicitors for the purchase of our home, on receiving a recommendation for Caila Ryan specifically. Caila and the team were a pleasure to deal with. Caila was incredibly responsive, efficient and diligent throughout the process. As first time buyers, Caila explained all steps clearly and concisely to us, which eased our stress. Caila and the team went above and beyond for us - and accommodated ad hoc meetings when required. We highly recommend Caila and the team at Carmody Moran.
Aditya Labhe
Aditya Labhe
1694624301
Caila was nothing but helpful throughout the process of me buying a new apartment. She is diligent, helpful and has great attention to detail. She was patient with me with all the questions and ensured the process was as through as possible from all the legalities stand point. A true champion for her clients. I have no hesitation recommending her.
Jodie Osullivan
Jodie Osullivan
1693827563
I had an absolutely fantastic experience with my solicitor! Their hard work and dedication were truly impressive. They went above and beyond to help me with my legal matters. I couldn't have asked for a better advocate. Highly recommended!
I recently engaged with Carmody Moran Solicitors for the purchase of my new home. Caila and team were incredibly helpful throughout the whole process, ensuring I was kept up to date and promptly responded to any queries I had raised. I was particularly impressed at how diligent and efficient Caila was in ensuring the purchase went as smooth as possible. Would highly recommend them for their Legal services.
Aedamar O'Toole
Aedamar O'Toole
1683694350
Carmody Moran Solicitors exceeded all expectations as a Solicitor. Caila was an absolute pleasure to deal with from start to finish. She is exceptionally professional, organised and responsive. We needed her service in buying a house. She made sure that we were in the best position to make the transaction and was extremely thorough and intelligent in her work. She helped us secure the house before another interest rate hike. She went above and beyond as a solicitor and I couldn’t recommend her enough!
Louise O'Dwyer
Louise O'Dwyer
1682673711
I recently had the pleasure of engaging Carmody Moran Solicitors for the purchase of my new home. I found Caila and the team to be extremely professional, efficient and they kept the whole process moving along smoothly at all times. Everything was explained to me at each stage in the process in a clear and concise manner. I would highly recommend Carmody Moran Solicitors to anyone for quality legal services.
Luke Ivers
Luke Ivers
1682431670
Caila at carmody Moran is an absolute pleasure to deal with. Always attentive and always keeping you update. Caila took a lot of the stress out of the leg work having everything ready and constantly in contact with us. Would recommend Carmody Moran to anyone. They're all lovely to deal with and so helpful.
John Corr
John Corr
1681890399
We recently engaged with Carmody Moran Solicitors for a property purchase. From start to finish I found their service to be highly efficient and accommodating at all times . Caila in their office was very pleasant to deal with . I would highly recommend them to anyone in the future.
Laura Butler
Laura Butler
1680770430
Absolutely fantastic, I would highly recommend. Prompt responses, clear and helpful communication, very diligent, and absolutely lovely to deal with. Caila is a star. Even my estate agent was full of praise!
Aileen Power
Aileen Power
1678466164
Carmody Moran recently helped me with the sale of my home. Niamh, Caila and all the team were fantastic to deal with from start to finish. They explained everything so clearly, were extremely professional, efficient and always responded promptly. On top of that they were just such a friendly group of people to deal with. I would highly recommend them.
The client service was really great. Understanding, easy to deal with and reactive
Joe Marsh
Joe Marsh
1664215159
We recently closed on a first time house purchase and we were very pleased with how the whole process was handled at Carmody Moran. They always responded clearly and promptly to the many queries I had along the way and were on the ball with following up issues with the sellers solicitors to keep the process moving.The reason I went with them originally over other options was because they gave a very clear breakdown for the charges and the quoted price we were given was transparent and easy to understand compared to other quotes I received.I will definitely use them again if the need arises and recommend them to my friends and family.
Kenneth Ohaa
Kenneth Ohaa
1662025947
I got the keys to my new house a few weeks back. I cannot recommend Carmody Moran Solicitors highly enough. It was a bit lengthy as I was buying and selling at the same time. In such cases you need experienced and competent solicitors such as Carmody Moran Solicitors.Stephanie and Helen were a pleasure to work with. Very transparent and communicative. Also occasionally dealt with Lucy and Caila. They were brilliant as well.I would like to say Thank you to the entire Carmody Moran team.Kenneth
Salt Almighty
Salt Almighty
1660112195
I needed a solicitor to arrange a mortgage, and they went above and beyond to help me !I would advise them to anyone
Andrew Grime
Andrew Grime
1656963543
My partner and I recently made the acquisition of our first home and it was a lengthy and difficult process, due to the fact we were buying from a receiver.In such difficult cases, you will need a legal representation as competent and professional as Carmody Moran Solicitors on your side.We were primarily dealing with Stephanie who gave us regular updates, helped us understand what is happening and what to do. We felt our interest always came first which made every appointment with her something we looked forward to.We were also occasionally in contact with Lucy, Niamh and other brilliant members of the firm, all of whom provided an excellent level of support and knowledge in Stephanie's absence.I couldn't recommend Carmody Moran enough. I would like to give a heartfelt thank-you on behalf of myself and my partner to every one involved at the firm who helped us make our dream a reality. We will not hesitate to call upon your services again should the occasion arise.Andrew.
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