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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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I currently have ajoint mortgage with my husband. I ran into

Customer Question

I currently have ajoint mortgage with my husband.
I ran into debt which afected my credit rating.
My husbandnow tells me that I can no longer be on the mortgage but more importantly
the Deeds.
I put down the inital deposit of £120K and he has been paying mortgage since then
which was September 2013.
I have been told I haveto come off mortgageand deeds but a legal friend says thisis not true
I need very urgent advice on this.
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

I have never yet, ever heard of a lender removing someone from a mortgage (once they are on the mortgage) because they have later on got a bad credit rating. Similarly, the deeds.

In that respect, I could not agree more with your friend.

It is the situation you may not be able to get a mortgage but as from being removed, I cannot see that being correct. I am prepared proven wrong and there is a first time for everything so I would want to see the letter from the lender that says this AND I would want to verify the authenticity of that letter by speaking to the lender myself.

I’m sorry to have to tell you this but I think that you are being misled.

One other point, and that is that even if you weren’t on the mortgage or the deeds, you can simply register a Matrimonial Home Right notice which would stop the property being sold or remortgaged without your consent.

My suggestion is not to do anything and not to sign anything.

Can I clarify anything for you?

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Best wishes.

FES.