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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34273
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My former matrimonial home is mortgaged jointly with my ex

Resolved Question:

My former matrimonial home is mortgaged jointly with my ex wife and the title deeds are in our joint names. If she wants to remortgage in her sole name and buy me out, does she need to have the title deeds transferred into her sole name first?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The two transactions are usually dealt with at the same time - just as you do when a property is purchased
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare. Thank you for your answer.


My ex wife has told me, though, that she is unable to release me from the mortgage until I have transferred the title to her sole name. I suppose my question should be "Is it possible to remortgage a property in a sole name while it is still registered in joint names, with the process of remortgaging including the transfer of title deeds"? Basically she wants me to transfer the title deeds before she applies for a mortgage, but I don't trust that she will. I think she is trying to trick me into signing over the property.


Alan

Expert:  Clare replied 3 years ago.
Hi
It is usual for the Transfer of Equity and the remortgage to happen at the same time - it is often the reason for the remortgage.
Obviously the new mortgage cannot happen until the transfer has taken place - but that is something that can happen within seconds!
It is possible that she will get a better RATE if they are not done together but that is a different issue
Clare
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