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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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The scenario is that a married couple are selling their

Resolved Question:

Hi
The scenario is that a married couple are selling their house which they jointly own. They currently do not have a mortgage.
They are buying a new house with the proceeds of the sale but need to raise a small mortgage as the price of the new house is higher than the one they are selling. One spouse, aged 77, has been refused a mortgage on the grounds that his only income is his state pension. The other spouse, aged 58, has been granted the small mortgage on her income. She has been advised by her solicitor that as the mortgage is going to be in her name only then it is only her name that will go on the deeds of the property.
Can you tell me is this accurate, or can the new property be jointly owned, and have both names on the deeds?
Thank you
Jacqui
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

I am afraid the Solicitor is 100% correct. This is because the Mortgage Company will require the party to the Mortgage to be on the Deeds also and only that party.

Hence, if a Mortgage is required, the purchase will have to proceed in the sole name of the younger spouse.

Sorry this is not the answer you were looking for, but if I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, can I assist you any further? Kind Regards Al

Aston Lawyer and 2 other Law Specialists are ready to help you

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