Getting a Mortgage After Separation or Divorce
Whether you're buying your ex out, starting again on your own, or both — the mortgage side of a separation is usually the most stressful part. The good news: every UK lender has a process for this, and because lenders assess it differently, it's worth comparing them. Last reviewed October 2026.
Quick answer
After separation, UK lenders offer three routes: buy out your ex via a transfer of equity on your sole income, get a new mortgage elsewhere (the old joint mortgage counts as a committed outgoing), or sell and both buy independently. Maintenance can count as income if documented via a court order or CMS assessment and paid reliably for 3–6 months.
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The Three Scenarios
1. Buying Out Your Ex (Transfer of Equity)
You keep the house, take over the mortgage in your sole name, and pay your ex their share of the equity. Technically a remortgage plus a transfer of equity. Your solicitor handles the transfer; the lender handles the new mortgage on your sole income.
Biggest risk: affordability. A £300,000 mortgage that two incomes supported might not work on one. If the numbers fall short, options are (a) extend the term, (b) put down extra equity from savings, (c) get a guarantor, or (d) sell and both buy fresh.
2. Getting a New Mortgage Elsewhere
You're leaving the family home and need a new place. The old mortgage is still in your name until it's refinanced or sold — which counts as committed outgoing on the new affordability check. A few lenders may consider it case by case, with a court order and proof that your ex has been paying it; most won't. If you still own part of the old home when you buy, you'll usually pay the higher rates of stamp duty on the new one (see Common Pitfalls below).
Most lenders count the full monthly payment on the old joint mortgage as yours, even if your ex is paying it. Many also treat you as owning two homes. Halifax, for example, counts the full payment on a home you own jointly with someone not on the application. Barclays counts a mortgage you keep on another home at its stressed affordability rate and caps the new loan at 90% LTV. Nationwide treats it as a second-property application, with a maximum of 85% LTV. Getting the old mortgage refinanced into your ex's name, or the house sold, before you apply usually gives you the most room. A lender-by-lender check is valuable before you commit to a property.
3. Selling and Both Buying Fresh
The cleanest financial separation. The family home sells, the mortgage clears, each of you takes their equity share and buys independently. Two fresh applications, two fresh affordability checks, no legacy debt.
This can be the simplest route when buying out isn't affordable, or when neither party feels strongly about keeping the house. Downside: emotional and logistical complexity, especially with children.
Remortgaging to Buy Out Your Ex: Step by Step
- Agree the figures. Get a valuation, take off the mortgage balance, and agree your ex's share of what's left. Your new loan is roughly the current balance plus that share, plus fees.
- Check what you can borrow on your own income. The lender assesses the whole new loan on your income alone, and counts maintenance you receive only where it is documented (see the income list below).
- Ask your current lender first. Many lenders can take one borrower off a joint mortgage and lend extra to pay out the other. If you are part-way through a fixed rate, staying can avoid the early repayment charge you would pay to leave for a new lender.
- Compare a remortgage elsewhere. If your lender won't lend the extra, or its rates are poor, a new lender can refinance the whole amount in your sole name. Weigh its rate against any early repayment charge.
- Line up the legal side. A solicitor handles the transfer of equity, and your ex signs to come off the title and the mortgage. Many lenders want to see the separation agreement or financial order before they lend, so have that ready first.
Income the Lender Will Count
- Employed salaryStandard. 3 months of payslips.
- Self-employed income2 years of accounts or SA302s. Some lenders accept 1 year.
- Child maintenanceAccepted by most major lenders if documented via CMS or court order. Evidence rules vary: Nationwide asks for 3 months' bank statements showing the payments, and Barclays counts 100% with a court order, a CMS arrangement or 3 months' consecutive bank statements. Some lenders count only part of it: Coventry BS counts 50% where the child is under 13. Usually capped as a % of main income.
- Spousal maintenanceAccepted by fewer lenders, and usually needs a court order plus bank statements showing it being paid. Leeds BS and NatWest count court-ordered spousal maintenance at 100%. Skipton counts spousal maintenance at 100% on 3 months' bank statements or the court order.
- Universal CreditUniversal Credit (excluding the housing element) is accepted as standard by most high-street lenders, including Halifax, Nationwide, Barclays, NatWest and Santander. Across the 74 lenders whose criteria we track, 45 accept it as standard. Most lenders count it only alongside earned income. Halifax and Barclays, for example, need another allowable income for that applicant, and far fewer lenders will lend on benefits alone. The UC statement must also show only the people applying. If your claim was joint with your ex, you'll usually need about three months' statements from your new single claim before a lender like Halifax or Barclays will count it. The housing element is normally left out because it pays rent, not a mortgage.
- Return-to-work salary (if on career break)Some lenders allow it with a signed return-to-work letter from your employer; most want you back at work first.
What Lenders Ask For
- Proof of separation — a signed agreement, solicitor letter, or (if divorced) decree absolute / final order
- Confirmation of who pays the existing mortgage (bank statements showing the debit)
- 3 months of bank statements in your sole name or showing your income-only inflows
- If maintenance counts as income — the court order or CMS/CSA paperwork plus 3–6 months of evidence
- If you have children on your schedule — a rough split of care (affects dependant counts in affordability)
Common Pitfalls
Applying Before the Old Mortgage Is Settled
If you apply for a new mortgage while the old one is still joint, most lenders will count the full payment as yours even if your ex is paying. A solicitor-signed separation agreement stating the other party is responsible can help with some lenders, but not all.
Answering the Dependants Question
Lenders ask about financial dependants, and after separation the children may live with each of you for part of the time. Answer the lender's dependants question exactly as asked and explain any shared-care arrangement, so the lender can apply its own policy to it.
Overlooking Transfer-of-Equity SDLT
Transfers of equity between separating couples as part of a divorce / dissolution / court order are SDLT-exempt. Transfers between unmarried partners may still trigger SDLT on the mortgage taken on. Your conveyancer should confirm — don't assume you're exempt.
Paying Second-Home Stamp Duty on Your New Home
If you still own all or part of the former home (worth £40,000 or more) when you complete on your new one, you'll usually pay the higher rates: SDLT plus 5% on every band in England and Northern Ireland, the 8% Additional Dwelling Supplement in Scotland, or the higher Land Transaction Tax rates in Wales. You can claim the extra back if the old main home is sold, or your share is transferred to your ex, within 3 years. In England you must then claim within 12 months. While you're married and not yet permanently separated, your spouse's property counts as yours too. If a court order or consent order on divorce or dissolution means you have to keep a share in the former home that your ex still lives in, that share is ignored and the higher rates don't apply. Scotland also accepts a formal separation agreement. This exclusion doesn't cover unmarried couples. Ask your conveyancer to check before you exchange.
Original data · our Lender Lottery study
In our 29 August 2026 run, for a Professional, £80,000, our calculator estimated a maximum of £516,147 at Hodge Bank but only £292,652 at Dudley Building Society, a £223,495 (76%) difference based purely on each lender's published criteria, with no change to income, deposit or circumstances. These are estimates, not offers. Lenders have raised rates since, so today's figures may be lower.
Source: original data from our affordability engine across UK residential lenders.
Check What You Can Borrow on Your Own
See across all 57 lenders we check — some are much more generous with separating applicants than others. No credit search.
Run My Affordability CheckFrequently Asked Questions
Can I get a mortgage after divorce?
Yes — divorce itself is not a barrier to a mortgage. Lenders assess you on your sole income, outgoings and credit record like any other single applicant. What changes the picture in practice is what the divorce leaves behind: whether you are still named on a joint mortgage (it counts against your affordability until you are removed), whether maintenance you pay reduces your borrowing or maintenance you receive can count as income, and whether a consent order sets out who pays what. Most divorcees find some lenders treat their situation far more generously than others, so lender choice matters more than usual.
Can I get a new mortgage while still on my ex's mortgage?
Yes, but the existing mortgage will count as committed outgoing on the new affordability check, which reduces what you can borrow. Lenders will ask for evidence the other party is paying it (bank statements showing the payment leaving their account), or an agreement from a solicitor confirming separation terms. A few lenders may consider leaving it out case by case, with a court order and proof your ex has been paying it.
How do I buy out my ex on a joint mortgage?
It's called a transfer of equity. You remortgage in your sole name for the new balance (usually the current mortgage plus the equity share you're paying your ex), they come off the title deeds and mortgage, and your solicitor handles the legal transfer. The new mortgage is underwritten on your sole income, so affordability is the biggest factor.
Will lenders consider maintenance payments as income?
Many UK lenders will consider child maintenance as income if it's documented in a court order or CSA/CMS assessment and has been paid reliably for 3–6 months. Spousal maintenance is accepted by fewer lenders and typically needs a court order and a longer payment history. The amount accepted varies — some lenders take 100%, others 50%, and a few don't consider it at all. This is an area where lender choice matters a lot.
What if my ex won't agree to come off the mortgage?
Your ex can't simply be removed without either their agreement or a court order. If talking it through or mediation fails, a married or civil-partner applicant can apply to the court for a financial order. You normally have to attend a mediation information meeting first. The court can order the home to be transferred into one name or sold. If your ex then refuses to sign the transfer, the court can nominate someone to sign it for them. Unmarried co-owners can't get a transfer order this way. They can apply under the Trusts of Land and Appointment of Trustees Act 1996, usually for an order for sale. A Mesher or Martin order is different: it lets one of you stay in the home but postpones the other's share until a trigger event (such as the youngest child finishing education, remarriage, cohabitation or death), so your ex keeps a stake in the property. Whatever is agreed or ordered, the lender must still agree to release your ex from the mortgage. That normally means remortgaging in your sole name, so you need to pass affordability on your own income. If you do reach agreement, have a solicitor turn it into a consent order so it is legally binding. Scotland and Northern Ireland have their own family law, so take legal advice there.
How long after separating can I apply for a new mortgage?
There's no legal waiting period. Lenders want to see evidence the separation is real and the finances are untangled — 3–6 months of bank statements showing you're living independently, and confirmation from a solicitor if you have one. Divorce isn't required; informal separation with evidence works for most lenders.