UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law
This answer was rated:

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
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 6 hours by:
10/9/2017
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,875
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?

Ask Your Own UK Property Law Question
Customer reply replied 4 months 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

Ask Your Own UK Property Law Question
Customer reply replied 4 months 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

Ask Your Own UK Property Law Question
Customer reply replied 4 months 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: 34,875
Experience: 25 years exeperience
Verified
Clare and 87 other UK Property Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Clare Your Own Question
Clare
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,875
34,875 Satisfied Customers
Experience: 25 years exeperience

Clare is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,736 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

34,875 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
We have a tenant that has been charged for stabbing his girl
We have a tenant that has been charged for stabbing his girl friend in the chest, she is now out of intensive care and stable in Newcastle hospital, the tenant has been remanded in custardy to appear … read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
We moved from abroud into a flat and where told that is was
We moved from abroud into a flat and where told that is was fire proofed. Unfortunately it was not and a few month ago construcion has started and we were told that we will have 18 month of constructi… read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
I have benn having issues with my landlord, he has illegally
Hi, I have benn having issues with my landlord, he has illegally evicted me, entered my property and changed the locks whilst I have not been there for being late with my rent. Now we're back and four… read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
I too have had a tenant abscond before the end of a tenancy
Hi Joshua, I too have had a tenant abscond before the end of a tenancy with arrears in excess of the deposit. The agent who registered the deposit explained that I would need to get a court order for … read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
My neighbour is saying it's my responsibility to fix his
My neighbour is saying it's my responsibility to fix his fence as I put fairy lights on to it (8?years ago, when I bought the fences for him on moving into my home) … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,718 satisfied customers
My wife and I rent a room in a house.It is an HMO house.The
My wife and I rent a room in a house.It is an HMO house.The landlord has no HMO licence.I would like to know if we would be within our rights to withhold our rent as he has never had an HMO licence.He… read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
I have a four bedroom licensed HMO in England that is let
I have a four bedroom licensed HMO in England that is let out to four individuals with separate tenancy agreements on a house share basis. The property has not been changed into flats or modified in a… read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
I have question in relation to property.joint ownership
i have question in relation to property.joint ownership property which is rented and the tenant doesn't allow access to one of the owner to value the property.can anyone help?… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,324 satisfied customers
I'm looking to quit my share of a joint property, will the
I'm looking to quit my share of a joint property, will the income received from that is taxable? … read more
Clare
Clare
Solicitor
34,875 satisfied customers
A 83 yr old signed as a guarantor for her sons tesedential
A 83 yr old signed as a guarantor for her sons tesedential tenancies. She was not ever spoken to be the letting agents, her signature was never witnessed or any financial information obtained off her.… read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
I own a house. I bought it in 2005 but moved out leaving my
I own a house. I bought it in 2005 but moved out leaving my dad there. he had been living there since 1985 was elderly and there was nowhere for him to go. can I therefore be exempt from CGT because I… read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
In a buy to let i understand gas safety certificate is
Hi in a buy to let i understand gas safety certificate is mandotary but is epc and legionera certificate and elictric safety crtficate mandotary as well pls advise… read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
I have come to realise that previous owners of my flat
I have come to realise that previous owners of my flat changed made amendments to the plans of the building. … read more
bigduckontax
bigduckontax
Secretary
FCCA FCMA CGMA ACIS
3,770 satisfied customers
If my neighbour has erected a fence, but has effectively
If my neighbour has erected a fence, but has effectively changed the boundary by putting it my garden, what rights do I have?… read more
ivorylounge
ivorylounge
41 satisfied customers
We are currently having an extension built and it has caused
We are currently having an extension built and it has caused nothing but issues since the start. The contract clearly states guaranteed completion by 22/12/2017 and yet we are still not completed and … read more
Jamie-Law
Jamie-Law
5,610 satisfied customers
No disposition of the registered estate by the proprietor of
No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is… read more
Clare
Clare
Solicitor
34,875 satisfied customers
When I live in a property, where I'm not a tenant, don't pay
When I live in a property, where I'm not a tenant, don't pay rent, pay the utilities and council tax, but aren't on the title deed - what rights do I have?… read more
Clare
Clare
Solicitor
34,875 satisfied customers
I need legal advice about a court case. I have been charged
I need legal advice about a court case. I have been charged with handling stolen goods because someone gave me money (which I didn't know had been fraudulently taken from someone else's account) and I… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x