How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

I have a house with my ex partner. His name is ***** ***** the

Resolved Question:

I have a house with my ex partner. His name is ***** ***** the mortgage. I cannot get a mortgage soley in my name. However I have funds to buy him out. Is there anyway I can get a legal document drawn up stating that the sum I would give him would be full and final settlement of his share of the house. Regardless of his name still being on the mortgage.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-Are/were you married to your partner?-Have you spoken to the mortgage company regarding change of mortgage to your sole name?
Customer: replied 1 year ago.
Hi
We're in England
No we weren't married
I have spoken to them but they said they would do it as a new mortgage or if he's happy to continue with his name on it that's fine.
Customer: replied 1 year ago.
Also we spilt 6 years ago and I've have paid the mortgage myself since then
Expert:  Harris replied 1 year ago.
Thank you - and they have stated that they cannot provide you a new mortgage in your sole name?
Customer: replied 1 year ago.
They've been quite vague about it and said I would have to fill out forms and see a financial advisor and once I've done that then I would find out if they will give me a mortgage or not. I know that with my pay they would not offer me a mortgage.
Expert:  Harris replied 1 year ago.
Thank you - initially I would suggest that you undergo their affordability checks as removing him from the mortgage and simultaneously from the title of the property will provide you with security that he will lose his legal interest.If after undergoing the mortgage companies affordability checks you cannot obtain a mortgage solely, then you can have a solicitor prepare a deed of trust, which is basically a formal agreement that you are entitled to 100% of the property and he is entitled to 0% of the property. You should also ensure that the title of the property is registered as tenants in common and not as joint tenants, as if it is joint tenants, the property will automatically pass to him upon your death.I hope this assists you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris and 3 other Family Law Specialists are ready to help you