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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My son purchased a house with his girlfriend in february this

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My son purchased a house with his girlfriend in february this year.She has now decided to end the relationship and wants him out of the house.The mortgage is in joint names .She wants to keep the house and has offered him £8000 tomove out.This is obviously not enough but if they could come to a reasonable amount can this be done privately and have his name taken off the mortgage agreement.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Are there any children of the relationship
2. When you say she has offered £8k for him to “move out”, do you mean that she has offered this money in order to remortgage in to her sole name and transfer the title to her sole name aswell
3. Can she demonstrate sufficient finance to receive a mortgage offer in her sole name
Kind regards.
Tom
Customer: replied 3 years ago.

There are no children.

The offer was made so she can have sole ownership.

I cannot answer note 3 at present

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

If you can agree to an amount in respect of your son’s equity that both parties consider fair then they will be able to jointly instruct a solicitor/licensed conveyance to transfer the property in to her sole name provided that she can receive a mortgage offer in her sole name.

If she cannot receive a mortgage offer in her sole name then the title to the property cannot be transferred to her sole name because the lender has a first legal charge which prevents this from being done. It’s all very well her offering your son money but this is completely irrelevant unless she can get a mortgage offer. This should be her first port of call.

If she can remortgage then upon completion the current mortgage would be repaid from her new mortgage, you son would be transferred any money they have agreed to purchase his equity and the title to the property would be transferred in to her sole name. At this point he would have no further rights in respect of the property and no obligations in respect of the joint mortgage.

In the absence of an express agreement to the contrary (eg. Declaration of trust, which they would have executed at the time of the purchase if appropriate) there is a presumption that each party retains a 50% interest in the property.

If she cannot receive a mortgage offer and your son no longer wishes to remain on the title but she won’t agree informally to a sale then he would have no option but to apply for an Order for sale from County Court.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6514
Experience: BA (Hons), PgDip, Practising Solicitor
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