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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Is it possible for my husbands name to be removed from the

Resolved Question:

Is it possible for my husbands name to be removed from the deeds of our house yet remain on the mortgage
We seperated( amicably) at xmas. We have a default notice against our names from NatwEst for non payment of a loan last year. We are in a debt managemnet plan for this however throughout I have paid the mortgage and continue to do so. There is very little equity in the house. My husband is happy to sign it over to me however the mortgage company will not let me take the mortgage on alone due to the default notice( even though Ive never missed a payment in 7 years) My husband cannot afford to pay his share of the mortgage council tax etc so has not paid anything since moving out.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

I'm afraid you will need to obtain the consent of your Mortgage lender to transfer the legal title into your sole name. I can't obviously say for certain, but it is doubtful that they would grant consent.

On a side point, even if you were able to get the property transferred into your sole name, if your Husband does make himself bankrupt, the Trustee in Bankruptcy has a right to set aside any transactions that your Husband has made within 5 years of his bankruptcy if those transactions were made with a view to avoiding creditors. Hence, any transfer to you would fall under this criteria.

I am sorry tis is not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL
Customer: replied 3 years ago.

Hi and thank you for this -If my husband didint fike for bankruptcy would my options eithre be to continue how we are i,e, I pay the mortgage and continue to live in the house or sell the house ?


Thankyou

Expert:  Aston Lawyer replied 3 years ago.

Hi Joanne,

It would be entirely up to you what you do decide to do with the property. I appreciate you are paying the Mortgage but if you have little equity and the Natwest default on the property, it may not be practical for you to sell, unless you were wanting to just rid of the debt and rent a property, for example.

Not sure if this helps?

Kind Regards
AL
Customer: replied 3 years ago.


Hi - Im afarid it doesnt really but appreciate its a difficult situation. I suppose Im concerned thta at some point the houes will start to add value and gain equity and then husband may ask for the houes to be sold so thta he can take his share) as his names on the morgage and deeds) - if he didi do this would I then be within my rights to demand he pay the morgagae arrears etc


 


Just hoping thta if so it may discourage him from trying to sell in the fisrt place- Things are amicabale now but who knows whats around the corner


many thanks

Expert:  Aston Lawyer replied 3 years ago.

Hi Joanne,

I understand your predicament and appreciate you just want to protect your financial position.

What I would say is that if you carry on and keep the house going, then this would be taken into account in any future divorce proceedings.
Likewise, I don't know if you intend getting divorced, but if you did, it would be normal for the finances of the parties to be dealt with, and you could ask the Court to make an order transferring the property into your sole name. If such an Order is made, then your Mortgage Lender would be under a duty to consent to the legal ownership being transferred into your sole name.

I hope this helps.

Kind Regards
AL
Customer: replied 3 years ago.

Yes thats does help


Thanks you very much

Expert:  Aston Lawyer replied 3 years ago.

Thanks Joanne.

All the Best
AL
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