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can i put my quarter share of the house (even though its a

mortgage debt) in the names...
can i put my quarter share of the house (even though its a mortgage debt) in the names of my children. My ex partner and his father are trying to get me to take my name off i want to leave it to my children as its all i have to leave to them at the moment. i have not lived at the property for over two years, but i paid half of the mortgage every month when i lived there (two years) thanks. When we went onto the mortgage his parents already owned the house. We had a young child and they naturally wanted to help us out and get us on the ladder. During my second pregnancy my partner was cheating and when my son was 8months old, i found out and decided i wanted to split. I found rented accomodation where i live now. His mother also died of cancer just before i found out and they are saying that while my name is XXXXX XXXXX the mortgage its stopping my ex from gaining her share that she left to him. I do not want to stop that so i cant see how i am by keeping hold of my share. Obviously a child cannot go onto a mortgage so how could this work, also because i havent actually paid the mortgage since i left is there a strong position that they could be in in pushing me out as he is threatening. we have joint custody of the children and have been amicable until now, i would like to keep it that way if possible. i dont know if this is relevant but the house is worth around 270,000 (that was the mortgage taken out) and ours was for half. I dont know what had been paid off regarding his parents.
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Answered in 15 minutes by:
5/12/2011
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • Who is actually named as the registered propretiors of the property?

Kind regards.

Tom

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Customer reply replied 6 years ago
myself, my ex partner, his father and his mother (now deceased, her share being left to her son, my ex partner) all four of us are on the mortgage and own the property. Thanks. Sarah.

Sarah,

 

Is your question therefore - "can I transfer my interest in the property that I now hold to my children so that they then own the property?"

 

Kind regards,


Tom

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Customer reply replied 6 years ago
there are quite a few questions really, that is one of them as an option i had thought of as they are pushing me to take my name off of the mortgage and therefore release my part of the property to them. Can they make me do anything? Is this stopping the wishes of my exes mother. where does the law stand on being named on the legal documents as a share holder in the property although i am not paying towards it.

 

Hi,

 

Thanks for your question.

 

I assume you are registered as tenants in common and not joint tenants.

 

If you are named as registered proprietor with your ex-partner and his father then they will require your consent to any transfer because you would have to sign the Land Registry Transfer form. If you are not willing to do this then they would have to apply for an order for sale of the property.

 

In the absence of any trust document to the contrary the presumption is that you own in equal shares, so there would be a presumption that you own 25% (with your ex-partner's woman passing to your ex-partner). This can be rebutted to an extent if you are not paying any of the mortgage payments , but it is not easy and it would require litigation by your ex-partner and his father so you should not agree to transfer without receiving a fair price for your equity.


You cannot transfer your interest to your children at the present time because in order to do so the mortgage company would have to consent to the transfer and they are not likely to do this. The transfer cannot be registered without their consent and children are not permitted to own a title in land if under 18. What usually happens is that the property is written in trust for them by the parents in the form of a bare trust.

 

You are of course free to write your Will so that your interest passes to your children upon your death. It would be held on trust for them until they are of age.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

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Customer reply replied 6 years ago

is any of this stopping the 25% owned by the deceased going to the relevant party i.e her son. Is it not possible to carry out her wishes regardless of my position? His father says its stopping him making a new will (as he is about to re-marry and wants to sort out his estate).

Are you saying in effect there is nothing i can do except make a will out for my interest to be passed to my children in the event of my death.

Therefore my name remains there and nothing changes from as it is this day.

The house is also a dwelling for my children as their father resides there so i would not want to make the foreseeable future of the house unstable by requesting money for my share through forcing a sale. (if that is something i could do?)

 

Hi Sarah,

 

The deceased's Will stipulates who it should go to, if it states that it should pass to your ex-partner then it should, but the mortgage company will need to be notified.

 

Yes, I'm saying that you cannot transfer your interest at the present time to your children because there is a mortgage on the property which prevents a transfer.

 

You could apply to Court for an Order for the sale of the property, this would (I should have thoguht) then precipitate an offer to buy your share from your ex-partner/his father which you would be free to accept/reject. The children's welfare would be the most important consideration of the Court in deciding whether to make an order for sale.


I trust this clarifies, if so please click accept.


Kind regards,

 

Tom

Thomas
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Category: UK Property Law
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