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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My partner moved in 3 months ago and wants his name on the

Resolved Question:

My partner moved in 3 months ago and wants his name on the deeds of the house, but l have to remove my ex husband who has agreed, we are planning to pay the mortgage off. l have been told by the mortgage provider that if we pay it off all we have to do is go to the land registry and get the deeds/title changed after? can we change the deeds after the mortgage is paid off?
Thank you.
Cathy
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Yes, once the mortgage has been repaid the lender will discharge the first legal charge securing the mortgage from the land registry title. Once this has been done then you are free to add names to the title of the property if you wish.
However, you should be careful in doing so. Unless there is a declaration of trust (for which you must hold your property as tenants in common) then there is a presumption that each party retains a 50% interest in the equity in the property.
So, if your partner is added to the title then unless you have a declaration of trust then you could potentially find yourself litigating about who is entitled to what in the future, so I really would be careful in considering whether you genuinely wish to do this.
Additionally, if you get a declaration of trust then it’s very important that you both take legal advice from solicitor in order to ensure that it is legally enforceable.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

It is not adding my partners name that is the problem as he is paying half the mortgage off, it is my ex husband can he find out if the mortgage is paid off and change his mind even though he has never lived in the house or paid anything towards it? can l still remove his name?

Expert:  Thomas replied 2 years ago.
Hi,
Yes, he can find out that it's paid off.
In these circumstances, basically you should not repay the mortgage until your ex-husband has signed the Land Registry transfer form in order to transfer the title to the property from you/him to you/your partner.
You need to ensure that you instruct a solicitor to arrange the transfer from your ex-husband to you/your partner to ensure that it is valid. Otherwise by paying off the mortgage and not ensuring your ex-husband has executed the Transfer it would get very messy.
Kind regards
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