Previous mortgage covenants removal

I'm sorry to hear about your situation. It's understandable that you want to sever ties with the joint mortgage and protect your own financial interests. 

I recommend that you seek independent legal advice without delay. Whilst a solicitor can arrange for your name to be removed from the title for your previous home, a lender is under no obligation to release you from the covenants of the mortgage. This could leave you in a situation where you have no claim on the proceeds of any sale but are still liable for the mortgage payments and any shortfall on a forced sale in possession. 

As far as your credit rating is concerned you can ask the credit agencies to put a note on file that you no longer have any financial association with your husband. This will not automatically disassociate you and any automated credit searches will not necessarily pick it up. It will however provide additional confirmation of the facts if you are refused credit and must appeal to the provider. 

With regards to your new mortgage the lender will have made their own credit checks, and their solicitors will have also checked whether or not you had any outstanding mortgage commitments. Unless you deliberately withheld the information regarding your existing mortgage then I do not think you need worry. 

Previous Mortgage Covenants Removal Summary 

Here are some steps you can take: 

1. Consult a solicitor - seek legal advice from a solicitor who specialises in family law and property matters. They can help you understand your rights and options regarding the joint mortgage and assist you in taking the necessary steps to remove your name from the mortgage  
2. Discuss options with your husband - have a discussion with your husband about the situation and try to reach an agreement on how to proceed. Even though he may be experiencing financial difficulties, it's important to explore all options for resolving the mortgage issue  
3. Consider a deed of release - if your husband is unable to remove your name from the mortgage by refinancing or transferring ownership, you may be able to enter into a deed of release. This legal document can formally release you from any obligations or liabilities associated with the joint mortgage  
4. Explore financial remedies - as part of the divorce proceedings or separation agreement, you may be entitled to financial remedies or a financial settlement. This could involve a division of assets, including the property, and may help address any concerns about your financial situation  
5. Protect your credit - while you're still listed on the joint mortgage, it's important to monitor your credit report regularly to ensure that any missed payments or defaults by your husband don't negatively impact your credit score. You can also consider placing a notice of disassociation on your credit report to separate your credit history from your husband's  
6. Consider mediation - if you and your husband are unable to reach an agreement on resolving the mortgage issue, you may consider mediation as a way to facilitate communication and negotiation with the help of a neutral third party  
7. Stay informed - keep yourself informed about the progress of the situation and any legal or financial implications. Make sure to ask questions and seek clarification on anything you're unsure about  

Ultimately, it's essential to prioritize your own financial well-being and take steps to protect your interests during this challenging time. Seeking professional advice and exploring all available options can help you navigate the process of removing your name from the joint mortgage and moving forward with your life.