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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, My ex partner and I are currently looking to remortgage

Customer Question

Hello,My ex partner and I are currently looking to remortgage our jointly owned property. The remortgage in the UK has been refused due to my ex living and working in Dubai. However we have a loan approved in Dubai, with a main lender who however will not rIse a joint mortgage. As I do not work, and am not a UAE resident, the lender has based the mortgage on my ex's income and therefore will only offer a single mortgage. I have been informed if I allow the house to be remortgaged under a single name. While staying on the deeds of the house jointly, a trust deed can be drawn up protecting my 50% share in the property. My concern is as we were never married, with the mortgage and payments being made 100% by my ex would a trust deed fully protect my equity for the duration of jointly owning the property. Many thanks Sharon
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you.
Provided that the Declaration of Trust is properly drafted and covers your right to reside in the property and how and when the sale of the property can be requested, then it can indeed fully protect you
I hope that this is of assistance - please ask if you need further details