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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner has left and i cant offored to take his name off

Resolved Question:

My partner has left and i cant offored to take his name off the mortage. He is not paying for the house in any way! Am i able to have a solicitor letter drawn up to say he no longer wants any commitment or tyes to the house? He is happy to do this.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Are you proposing that he remains on the legal title/mortgage to the property but does not have any interest in the equity in the property?

Kind regards.

Customer: replied 4 years ago.
Yes this is correct.
Expert:  Thomas replied 4 years ago.

Thanks for your question.

A letter would not be sufficient to do this.
You could execute a Declaration of Trust with your partner. This is a deed which confirms your percentage interests in the equity of the property. You could state that even though he is to remain on the legal title to the property any proceeds of sale (ie. following deduction of the mortgage/legal costs of sale) shall be divided 99% to you and 1% to him. Upon sale the conveyancer would be bound to distribute the proceeds of sale according to the proportions specified in the Declaration of Trust.

Whilst this would solve your problem in a sense you must realise that he would still be a registered proprietor of the property, which means that he would be entitled to have access to the property if he wished and his signature would also be required on the contract/Land Registry Transfer when you come to sell the property. If you could not get his signature then you would have to apply to court for an order for sale which would obviously get complicated.

If you executed the DOT then he would remain liable under the mortgage aswell, so it’s not at all a good deal for him and he would be advised of that and of his option to force the sale of the property in order to come off the mortgage either now or after you have executed the DOT.

If it’s a stop-gap measure until you can afford the mortgage on your own and he is amenable to it then it is a reasonable short term solution.

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Kind regards,

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