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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I want to know about my mortgage. Now the mortgage join the

Customer Question

I want to know about my mortgage. Now the mortgage join the name me and my husband. If I want to change the name both to my name. Could I do it? Because my husband has an another woman. He didn't pay anything. I've got two children. How to do I do?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Essentially, you will need the assent of the mortgage company in order to remove the name of your husband from the mortgage deeds. However, if the property is in the joint names of both yourself and your husband, it is highly unlikely that the mortgage company will consent to the removal of his name from the mortgage, unless his name is also removed from the title deeds. This is because the mortgage has to be usually secured on all the property, including any share in the property owned by your husband. So the first thing you should seek to do is to get some agreement with your husband that his name be removed from the title deeds and from the mortgage. Otherwise, it will only be as part of divorce or separation proceedings that a court will make an order removing your husband's name from the mortgage and property, as part of an overall settlement between you both. Additionally, should your husband want to sell the house, then you should effectively seek to get a fresh mortgage in your own name and buy him and any interest he may have, out of the property. In this way, you can get a fresh mortgage in your own name without him and you will also remove his interest from the title deeds. As you are already servicing the mortgage, a lender will be quite happy to grant you a mortgage. This is the most simple and effective way to handle this situation.

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