Last reviewed: June 2026
TL;DR- A joint mortgage from a previous relationship counts as a committed debt in any new mortgage affordability assessment, even if the former partner is making the payments.
- Some lenders will discount or exclude the old joint mortgage from the affordability calculation with evidence that the former partner is making payments and living in the property.
- Being unable to get a new mortgage because of an old joint mortgage is one of the most common financial consequences of relationship breakdown.
- Resolving the old joint mortgage (transfer of equity, sale, or full remortgage into sole names) is the cleanest solution, though not always immediately achievable.
How the Old Joint Mortgage Affects New Applications
An existing joint mortgage appears on both parties' credit files until it is formally transferred into one name or redeemed. When the party who has left the property applies for a new mortgage for their own accommodation, the new lender sees the old joint mortgage as an existing committed debt and includes it in the affordability assessment. Even if the former partner is making all the payments, the applicant is still jointly and severally liable and the lender counts it as their debt.
The effect is to significantly reduce the maximum loan available on the new mortgage, or in some cases to make any new mortgage unaffordable on the applicant's income. The applicant may be trying to buy a new property with income that now needs to support both their share of the old mortgage liability and a new mortgage - which is very difficult on a single income.
Lenders Who Discount the Old Mortgage
Some lenders will discount or fully exclude the old joint mortgage from the new affordability assessment where the applicant can provide evidence that: they are not living in the property; the former partner is making all payments (evidenced by bank statements showing payments leaving the former partner's account, not the applicant's); and there is a legal agreement or court order specifying the arrangement. Not all lenders take this approach - those that do typically have specific policies and documentation requirements. A specialist broker can identify lenders with the most favourable approach for this scenario.
Interim Strategies
While resolution of the old joint mortgage is being arranged, borrowers in this position may consider: renting rather than purchasing immediately; purchasing a property with a smaller loan that is affordable even with the old mortgage included; or borrowing jointly with a new partner or family member to boost income in the new affordability assessment. Each of these has practical and financial trade-offs that should be assessed carefully.
Resolving the Old Joint Mortgage
The most effective long-term resolution is to remove the applicant's name from the old joint mortgage. This requires the former partner either to demonstrate they can afford the mortgage alone (enabling a transfer of equity into sole names with the existing lender's consent), or to remortgage with a new lender in their sole name. If neither is achievable, the property may need to be sold and the mortgage redeemed. The credit file financial association with the former partner should be formally removed through a notice of disassociation with the credit reference agencies once the joint mortgage is no longer in joint names.
Frequently Asked Questions
Will my credit file show the old joint mortgage?
Yes. A joint mortgage creates a financial association between the borrowers on credit reference agency files. This association persists until the mortgage is closed or until a formal notice of disassociation is filed with the credit reference agencies. While the financial association exists, the former partner's credit behaviour can affect the applicant's credit profile. Filing a notice of disassociation removes the link once there are no joint financial products remaining between the parties.
Can I get a mortgage if my former partner is not paying the old joint mortgage?
This is an extremely difficult situation. If the old joint mortgage is in arrears because the former partner is not paying, both parties' credit files will show the missed payments. This adverse credit event affects any new mortgage application. Additionally, the lender may be pursuing both parties for the arrears. Urgent advice from a debt adviser, family law solicitor and mortgage broker should be sought simultaneously in this scenario.
How long does the old mortgage stay on my credit file after the split?
The old joint mortgage remains on the credit file for as long as it exists as an open account in joint names. Once the mortgage is transferred to sole names or redeemed, the joint account closes. The account history (including payment record) remains on the credit file for six years from account closure. The financial association with the former partner on credit reference agency records can be removed through a notice of disassociation once there are no joint active accounts.
Should I seek legal advice or mortgage advice first?
Both simultaneously. The legal advice (family law solicitor) determines the framework for property and mortgage resolution in the separation context. The mortgage advice (specialist broker) determines what is financially achievable given current income and lender criteria. Decisions made in the legal process (such as agreeing to remain on the old joint mortgage) have immediate mortgage consequences. Both advisers need to communicate with each other, or at minimum the borrower needs to share relevant information between them.
