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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a joint mortgage with my wife. I also have large credit

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I have a joint mortgage with my wife. I also have large credit card bills in my name only. Is there a way to protect the house by remaining on the mortgage but giving her sole ownership in the deeds?

Thank you,


Hi Steve

Thanks for your patience.

I am afraid that your lender has a first legal charge which secure the mortgage. This means that there will be a restriction entered on the registered legal title for the property which prevents any transfer of the title from your joint names without the lender’s consent.

Obviously, your lender would only give consent to the transfer of the title if they were satisfied that your wife could receive an offer in her sole name.

Even if that were possible and you transferred the title to your wife’s sole name without her paying you for your equity in the property then your creditors could apply to court to have the transaction set aside on the basis that it would be a “transaction at an undervalue” taken with a view to defrauding your creditors. They would probably add their legal fees for the application to this and so you see that it could compound your problems unless she were in a position to buy you out.

If the property is your family home then you would have to defend on this basis and the court would be mindful of this in it’s consideration.

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Kind regards,

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