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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife and I are separating. We are both happy for me to stay

Resolved Question:

My wife and I are separating. We are both happy for me to stay in the family home and to put the mortgage in my name only. To do this our lender says the deeds will also have to change to my name only. Could we therefore make a legal document stating that we do in fact own the property jointly? (there is far too much capital in the property for me to buy her out).
I need to get a mortgage as soon as possible because of my age and changes in income.
She also wants to get a mortgage a.s.p. so needs to no longer be part of this one.
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.



Thanks for your question.

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

  • 1. You ask whether you could make a legal document stating that you own the property jointly - I presume you are both presently jointly named, so are you asking whether you could transfer the mortgage/title in to your sole name, yet still have a separate document stating that you have equal interests in the property?

Sorry, bit confused.

Kind regards.


Customer: replied 6 years ago.
Yes, exactly that. To enable me to take over the mortgage our lender says the deeds must be solely in my name. My wife will therefore be giving up all legal rights to our £200,000 home. Can we create a legal document that proves she does still own her half? We both want me to stay here with the kids as it's a 5 bedroom home (4 kids). Individually we'd only be able to get one or two bedroom properties each.
Expert:  Thomas replied 6 years ago.



Thanks for your question.


There's no way that the registered title can be transferred in to your sole name at the Land Registry but to, at the same time, have your wife remain as the legal joint owner - you can't have your cake and eat it in that way.


You and your wife could execute a declaration of trust upon the title being transferred to you sole name in which you state that although you are the legal owner of the property and that the charge is the first call on the property the proceeds of any sale shall be split between you both in specified percentages (eg. 50% each).


This would be enforceable by your wife in the event of a sale and could be registered against the title as a notice so she would know about any sale before it happens, so that she would receive her share - but it is only an interest in the proceeds of sale, it is now "ownership".


This would not prevent her seeking to revise your arrangement by way of a Court Order pursuant to your divorce either.


Sorry it could not be better news.


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Kind regards,


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