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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Wish to transfer the ownership of a flat from my name to my

Resolved Question:

Wish to transfer the ownership of a flat from my name to my daughter I will retain mortgage in my name
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.



Thanks for your question.


Your lender holds a first legal charge over the property's title. This means that you cannot transfer your ownership of the property without their express consent.


They will not permit the transfer to your daughter with only you remaining on the mortgage. You should speak to them about whether they will consider a transfer to your daughter on the condition that her named is added to the mortgage so that you are jointly listed. Obviously this would mean that any enforcement action taken if you default on the mortgage could be taken against either or both of you. She incurs personal liability once she is named on the mortgage.

Your lender should be the first port of call to discuss what arrangement would be acceptable to them.


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Kind regards,


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