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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hi, iv recently split with my partner of 4 years around 6 month

Resolved Question:

Hi, iv recently split with my partner of 4 years around 6 month ago, we have a joint morgage together which we have only had for 3 years. She is now living in the house and im back with my parents. I would like to take my name of the mortgage but she however can not have it in only her name due to her income. Im 22 and didnt buy the house with her we swapped my name over after she split with another partner so i dont understand much about it all. What would you suggest?
Thanks, Amy
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
Are there any children involved?
Clare
Customer: replied 2 years ago.

We got the property for 98,000 but it was valued at just over a 100,000. Theres around 86,00 outstanding. No children involved. im not interested in any money or for her to buy me out I just want a way of my name taking off

amy

Expert:  Clare replied 2 years ago.
Hi
Have you asked her to obtain your release from the mortgage?
Clare
Customer: replied 2 years ago.

Yes but due to her not being able to have the house in only her name a, es ghings comllicated. Is there some way, like a deed of trust, where theres a written agreement that my name is ***** ***** mortgage but I lay nothing towards the house and have nothing to dl with the house so nothing comesback to me?

Expert:  Clare replied 2 years ago.
Hi
I am sorry - I thought you wanted your name removed from the mortgage?
Clare
Customer: replied 2 years ago.

Would be the best but I know its not that simple, is it?

Amy

Expert:  Clare replied 2 years ago.
Hi
Are you willing to force a sale?
Clare
Customer: replied 2 years ago.

No, as the house was her grandparents and has been in the family for many years

amy

Expert:  Clare replied 2 years ago.
Hi
That is very generous of you
You can certainly sign a Declaration for Trust confirming that you will not make a claim on the equity - and that your ex is responsible for the mortgage payments and expenses on the property.
However you need to be aware that if she does default on the mortgage you will remain responsible for it so long as the Mortgage company is concerned
If that makes you uneasy then you can apply to the court for an Order for the sale of the property so that you can be fully released.
Please ask if you need further details
Clare
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you feel my service was poor meaning that I get no credit for my time and which i snot necessary for and does not trigger a refund
As I said you have two options.
As a joint owner you can insist that the property is sold so that you can be released from the mortgage if your ex cannot find someone else to take your place on the mortgage
If you do not wish to do this then a Declaration of Trust will protect your ex and her interest in the property; and will ensure that you can sue her if the mortgage company does come after you for funds
If you need more information then do please ask as I am happy to answer follow ups.
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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