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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, My wife and I have recently separated and we have

Resolved Question:

Hi there,

My wife and I have recently separated and we have a joint mortgage. I have been paying the mortgage since the start (June 2007), and would like to continue paying as I am currently living in the property with my 3-yr old daughter. My wife has decided she wants to remove her name from the mortgage and I was wondering if this can be done without any interuption to the payments (and I'll continue the mortgage payments as per usual)?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your question.

 

I'm afraid that her name cannot be removed from the registered title to the property without the lender's consent, they have a first legal charge which prevents this. They will require you to be able to demonstrate sufficient finance in order to receive a mortgage offer in your sole name.


If you are able to do so you can do a transfer of equity from your joint names to your sole name and remortgage in your favour. The repaymenst you would then make would depend on the mortgage offer you can negotiate and receive from your lender.

 

This would not in and of itself prevent your wife from revisiting financial settlement pursuant to divorce (incluing the equity in the house) at a later date)


Really though, if you are to only eventually divorce you should see a solicitor about this and ask them to draw up a separation agreement confirming the agreement you have reached with regard to the property and any other matters (eg. payment by non-resident parent to resident parent in respect of the child, child's residence).

 

Ideally you would wish to have a Court order made as to financial settlement during the divorce process but the SA above does afford a degree of security for you.

 

If this is useflu please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6595
Experience: BA (Hons), PgDip, Practising Solicitor
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