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Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My Brother in Law recently seperated from his Fiance and she

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My Brother in Law recently seperated from his Fiance and she moved out. They have a mortgage together and he is keen to take over the repayments and keep on the house as opposed to selling up and having to start out on his own. She can't afford to keep on the house and has moved back home with her parents. Also they bought prior to the falling property market and it is unlikely there will have been any rise in property value.

Can you help clarify where he stands? Does he need to reapply for a new mortgage on his own or can he just have her removed from it? What about property valuations at this time, will he have to have it valued in order to establish it's worth at the time of taking the mortgage over?

What type of professional does he approach to undertake these actions? Or would it be the bank directly?

Hope you can help.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Thomas replied 4 years ago.

Hi,

 

In order to transfer the property and get her off the mortgage/registered title your brother in law will need to receive and mortgage offer in her sole name, he should speak to his lender (or others if not) about this to see if he is eligible. Once the offer has been received then mortgage company they need to instruct a conveyancer to do a transfer of equity and remortgage for you, it will not be as expensive as their fees for acting in your original purchase of the property, probably around £350-450 +VAT)

 

They will both have to sign the transfer form.

 

The mortgage company may just permit he to be removed from the mortgage but the transfer in to his sole name will be need to be registered and he should instruct a conveyancer to do this for him.

 

If he is to receive a new mortgage offer then a mortgage valuation will need to be carried out on the property.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you

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