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I live in my home and my partner live in his, we want to buy

I live in my home...
I live in my home and my partner live in his , we want to buy a new home together and rent the ones we have all ready . The house where i live in the mortgage and deeds still the name of my ex-husband in it , even by law and a court order i got the house for myself . But i have never been able to change the mortgage just on my name or change deeds to my own . So base on all of this1. what is the first step to take to move to a new home as we have different mortgages ?
2. what will be the steps to buy a new home step by step with these circunstances and to be able to rent both ? Please be as extensive as you can , thank you very much . Sunci Leah Pedrosa
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Answered in 6 hours by:
10/9/2017
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,475
Experience: 25 years exeperience
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Can you and your partner get a new mortgage together?

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Customer reply replied 1 month ago
Hi Claire i imaging so i dont have doubt about it the problem is how do we do it ? with all of that i have explain you before ? what will it be the best action to take and what steps firsts under your profesional and human point of view .
And also if we had to do any type of legal paper ones we go to live together if we are not married just yet . Thank you so much for your time and looking forward to hear from you .

The starting point is to see a mortgage advisor together, explain your position and ask them for advice in the financial side.

In terms of your house the difficulty is that if you are no longer living in the property your ex will be able to force a sale if you cannot release him from the mortgage.

However it is possible that you will be able to get a "but to let" mortgage which will allow you to release your ex and ensure that you retain ownership of the property

With regard to the purchase it would be sensible to have a Declaration of Trust drawn up setting out the shares you will each have in the property - and under what circumstances a sale should be forced and (sorry) what should happen in the event that one of you dies

I hope that this is of assistance - please ask if you need further details

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Customer reply replied 1 month ago
Hi Claire , thank you for the answer , from where to get Declaration of Trust ? What is a but to let mortgage ? All the banks offer this ? With the house there is a court order saying that the house is for me , but i have not been able to remove him from mortgage , will remove him from deeds will make any diference ? And how can be posible that he can try to force to sell the house when the house in"paper court order" is mine ? What is your perspective Clare , thank you so much for your time .

The solicitor who deals with your house purchase will be able to deal with the Declaration of Trust

A "Buy to let" mortgage (sorry for the typing error) is a mortgage which allows you to rent out the property

I know that the house is yours BUT he is only required to remain on the mortgage while you live in the house

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Customer reply replied 1 month ago
the only way of taking my ex-husband out of the mortgage will be by getting a buy to let mortgage ? are you able to give any recommendations ? and lastly any other advice or other thing you think i should know ? thank you so much Clare

I cannot be certain if that is the only way - you need a face to face appointment with a Mortgage Consultant to understand your options

Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,475
Experience: 25 years exeperience
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