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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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is it posssible to remove my sons name from the deeds of my

Resolved Question:

is it posssible to remove my son's name from the deeds of my house, as he was last heard of living in south africa and is refusing to have any communication with me .i am a disabled widow and caring for my profoundly handycapped doughter.it worries me deeply
that my home might not be secure . my son had three properties before going to SA all of which have been repocessed.am i next?


anita levy
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Is there a mortgage on the property
Kind regards.
Tom
Customer: replied 2 years ago.

 

at the time of this agreement i had a mortgage on the property and it was at my sons

request to include him on the property in return for help with the mortgage.he made one payment and that was the end of that.being a silly mother i had already put his name on the deeds.

Expert:  Thomas replied 2 years ago.
Hi Anita,


Thanks for your reply.
If there is still a mortgage on the property then you would only be able to have the property transferred in to your sole name if you were able to demonstrate sufficient capital/income so that the lender would be prepared to issue a mortgage offer in your sole name. If you do not meet their requirements then you would not be able to do the transfer.
You cannot transfer in to your sole name without the mortgage offer above or without his agreement. If you son does not agree to the transfer in to your sole name then your only option would be to apply to Court for an order that the property be transferred in to your sole name. In the absence of any agreement to the contrary there is an assumption that each party retains a 50% interest in the equity, so he would be entitled to ask that you buy him out.
You can see, then, that this could get sticky were he minded to defend and claim a portion of the equity.
But, in answer to your specific question, no – you cannot transfer the property in to your sole name and must instead focus on resolving the issue informally with your son or by making an application to Court for an order that the property be transferred but if you cannot get a mortgage in your sole name then you are placed in a position of limbo unfortunately.
I am very sorry I could not have better news for you.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6397
Experience: BA (Hons), PgDip, Practising Solicitor
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