Thanks for your enquiry.
Can I ask if there is any particular reason why you want to do this?
Thanks for your reply.
I think you know, but if you are able to remove your name from the Deeds, you will still be jointly liable on the Mortgage unless the Lender is happy to remove your name from the Mortgage.
As regards ***** ***** name from the Deeds, this can be done PROVIDED your Lender has not entered a Restriction on the Deeds, stating that their consent is required before any dealings relating to the property take place. I would be able to check this out for you if you have a copy of your Deeds? ( around 50% of Lenders enter this Restriction).
I look forward to hearing form you.
If you can have a look at the Land Registry Deeds, and in particular the Proprietorship Register, which contains your names, is there a RESTRICTION noted in this section in favour of your Lender?
The wording in the Proprietorship Register does mean that you would need the Lender's Consent, I'm afraid. The wording "no disposition" covers any Transfer of the property, so you will need to approach the Lender before the Deeds can be transferred.
I am sorry this is not the answer you were looking for. If I have helped, I would be grateful if you could rate my answer.
The Lender doesn't have to grant consent, unless you have a Separation Agreement or Court Order (often obtained during a divorce, stipulating who is to get what financially).
If they don't consent, you could get a local Solicitor to draw up an Agreement called a Trust Deed, which can stipulate that although the legal ownership of the property remains in joint names, that you hold your share of the property upon trust for your husband/son absolutely. (ie that they are entitled to your share in the property and you are not entitled to anything).
I hope this helps.
If it was drawn up by a Solicitor, it would be legally binding.
However, if for example, you were made bankrupt or someone made you bankrupt in the next 5 years, the Trustee in Bankruptcy could obtain a Court declaration that the Deed is invalid if he could show that you had disposed of your share in the property to avoid creditors.