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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My daughter has a mortgage with her ex fiance on a house

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My daughter has a mortgage with her ex fiance on a house that she no longer lives in. She is trying to buy a house in her own right and has a mortgage offer & conveyancing is going through with her solicitor. He is having a problem getting a mortgage to buy their house in his name, because of "credit problems" She does not want any equity from the property and just wants to relinquish all her rights to enable her to buy her house. He would agree to this. Is there any way that her name can just be removed from the mortgage or does he have to get a new mortgage to settle the existing joint mortgage? Other than that, what right has she got to demand the house be sold to pay off the mortgage


Thanks for your question.


I'm afraid that the mortgagee (lender) will not allow her name to be removed unless he can demonstrate sufficient finance acceptable to them so that he is solely named on the mortgage. There is not really any getting around this.


If she does want her name removed from the property and he cannot receive a mortgage offer then she does not really have any option other than apply for the Court for an order for sale of it. A local solicitor would have to act on her behalf and these applications are refused only rarely (usually when there are children involved requiring a place to live). The outstanding mortgage would be redeemed upon completion of the sale and her obligations under it would cease.


The solicitor acting for your daughter would not make the application straight away, they would engage in negotiation with the ex-fiance in the hope that he acknowledges the logic and fairness of the property being sold. You never know, a mortgage offer might magically appear once your daughter's resolve to have the property sold becomes apparent to him.


if your daughter and her partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any direction made in the Will. If this is not what she warts then she should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-

They will then hold their interests as tenants in common, meaning that their respective shares will pass according to their wills or under the intestacy rules. Her partner need not sign the form provided you follow the instructions.

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Kind regards,


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