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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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, Is It Possible couple who have a joint mortgage on

Customer Question

Hi, Is It Possible for a couple who have a joint mortgage on a property,to have one of them taken off the mortgage ,with no financial interest
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Ok .A couple have a joint mortgage of £40000,on a property valued at £80000, they have seperated,and the male has told his partner to get out, so she has rented another place and taken their 9 year old son with her.She wants to be taken off mortgage as he isnt paying it now for 2 months.She has asked him to remortgage and to give her £10000 out of equity,he has refused,She then offered to remortgage herself and give him £10000.he refused this as well.she is afraid he will get the house repossesed just to mess up her credit which at the moment is perfect what can she do

Customer: replied 2 years ago.

Ok .A couple have a joint mortgage of £40000,on a property valued at £80000, they have seperated,and the male has told his partner to get out, so she has rented another place and taken their 9 year old son with her.She wants to be taken off mortgage as he isnt paying it now for 2 months.She has asked him to remortgage and to give her £10000 out of equity,he has refused,She then offered to remortgage herself and give him £10000.he refused this as well.she is afraid he will get the house repossesed just to mess up her credit which at the moment is perfect what can she do she is also willing to leave without any money as long as her name is ***** ***** mortgage

Expert:  Jo C. replied 2 years ago.

If they have agreed what is happening with the property, and provided the lender will agree to remove her from the property, there should be no problem doing this. The lender will have to be satisfied that the male has enough money to be able to take on the mortgage on his own.

At the moment he is refusing to do anything and provided he has no dependent children living with him, the solution is for the property to be sold. The court can order a person to be taken off the deeds cannot order a lender to remove someone from the mortgage.

It can order the person to use “best endeavours” to remove the other party best endeavours is of no use if the person is not good enough for mortgage purposes.

If he simply refuses to do anything, then whether it’s an application to court for an order to sell the property or an application to court to remove, it still requires a court application.

It would not be a particularly good idea for him to let this go to court because he is likely to lose and he would normally get a costs order made against him whereby he would have to pay all court of the application also.

My suggestion would be to apply to court for an order for sale which is made under the Trusts of Land Appointment of Trustees Act. Unless she has experience of doing that and making such applications she may prefer to use a firm of solicitors to make the application for her.

Can I clarify anything for you?

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