Hi Patricia,

I am in the process of divorcing my husband in the UK.

As part of the settlement I am seeking transfer of our jointly owned Spanish property to him. He has made it quite clear before a Sheriff that he would like to keep the property.

There is an outstanding mortgage on the property and I need to be certain that I will not be liable for any monies if he defaults on the payments at a future date.

As it seems highly unlikely that I will be discharged by the bank from the mortgage, is there a formal, legal document which my husband and I could sign which explains he will be responsible for the ongoing payments? If so, does this mean that the bank will not chase me for any outstanding payments?

Also, should the UK court decision explicitly specify that the property is to be transferred and that my ex will assume full responsibility for the remaining mortgage payments?

I would be most grateful for your reply at your earliest convenience.

Many thanks.