How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi there, My wife and I have recently separated and we have

This answer was rated:

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)?


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,


Thomas and other UK Property Law Specialists are ready to help you