Hello Djop,

The joint ownership dissolution transaction is not directly related to the mortgage, that is, the bank has full right to refuse to put the mortgage in one sole name. The divorce settlement can establish that your husband keeps the property but the mortgage deeds follows another route and the bank are free to check if your husband meets the financial requirements so you can be released from the mortgage, and finally registering your husband as sole mortgage title holder.

I recommend you to first liaise with the bank as if they refuse to modify the mortgage title, no matter what the court order of consent determines, and no matter if you are no longer a registered owner of the property, the bank will still be able to claim you pay the debt in the event your husband fails to do it. I suggest you deal with the bank prior to the divorce settlement.

Regards,