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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Joint tenancy. My husband and myself own a joint tenancy

Customer Question

Joint tenancy.

My husband and myself own a joint tenancy (and a joint mortgage) and we would like to change it so that the whole tenancy is in my name? What shall we do, and do we have to change the mortgage (or ca we only change the deed)?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

wingrovebuyer :

Hello. The procedure here is easy, in that all you need to do is Transfer Deed by both of you just to you. When registered at Land Registry, this will put the property in your sole name. You should use a solicitor for this. As your mortgage is in joint names, you will need the lender's consent to this, as they will need to take your husband's name off the mortgage. To agree to this, they'll have to be happy you can pay the mortgage back yourself, even if youf husband will continue to pay his share, because only you will be named on the mortgage.

Customer:

At present we do not wish to change the mortgage. What do we need to do if - instead of changing the deed - he gives me the formal rights to dispose of the house as I wish? This is because we do not wish to change the mortgage at this stage, but we have agreed I will take responsibility (and control) over this property. As far as I understand as joint tenants neither owner can sell or otherwise dispose of their share in the property without the other owner’s permission. But can permission be granted once and for all, or does it need to be given on a case by case basis?

Customer:

Or else can't we keep a joint mortgage even if the property is only in my name?

wingrovebuyer :

Hello. Your husband could assign his beneficial share to you, so you own 100% but remain joint legal owners, as trustees for you. However, I think the mortgage company woukd still have to consent or this is likely to breach the terms. Sorry, but I don't think you can remover your husband from tne deeds without lender consent, and you can't get control of his property in tnis way. Sorry!

Customer:

Thanks a lot. What do I need to do if I want to follow up on your advice. I am happy to pay for another question, but would like to continue with you, as a follow up from our conversation.

wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear wingrovebuyer, could you please let me know what we - my husband and myself - need to do for him assign his beneficial share to me? Also, we would like for the moment to also consider to write down a deed of trust between us outlining who has contributed to what so far (in terms of mortgage payments and other economical responsibilities as far as the property). Would this be a legal document, is there a form for this or can we just draw up a list ourselves,, shall we sign it ourselves with a couple of witnesses or should this be done with a conveyancer?


 


Thanks a lot for your support,


 


all the best


enrica

Expert:  wingrovebuyer replied 2 years ago.
Hello. You'll need a deed of assignment for the beneficial share transfer and this could probably deal with the other issues you mention. You will need a solicitor to do this as deeds are not valid unless drafted by a legally qualified person.
Customer: replied 2 years ago.

thanks for the quick reply. My husband is working abroad at the moment (and I am with him till the middle of August) and we would like to understand if "a deed of assignment for the beneficiary share" can be done from abroad or if he needs to give me some power of attorney to deal this this in his absence hen I return to England.


 


That's why, meanwhile, we could sign a deed of trust, so that things can be clarified in writing while waiting for the deed of assignment to be put in place.

Expert:  wingrovebuyer replied 2 years ago.
You might be able to arrange things if you have a regular solicitor. If not, they will probably need to see your husband face to face.
Customer: replied 2 years ago.

I see, unfortunately we don't have a regular solicitor. I don't think my husband will be able to travel from South America till June next year, can we use someone in a different country then the UK, where we are now?


 


Meanwhile could you also give me some advice about the deed of trust (see specific questions in my previous/initial mail), so while we wait we could do at least this, as well as a power of attorney for me to be able to operate in his absence. Could you please also let me know what I need to do concerning this latter?


 


many thanks


enrica

Expert:  wingrovebuyer replied 2 years ago.
Hi. Sorry, but whilst I can answer follow ups related to yoyr original question, these questions are new and you need to ask them as a new question please, rather than as follow ups to your original question. Thanks, wb.
Customer: replied 2 years ago.

as you did not answer that bit of the question I was just posing it again.


How do I pose a new question and make sure youi're the one answering? as I don't want to start to explain eveything again...

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