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tdlawyer, Lawyer
Category: Family Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of family law issues.
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Hiya again! And really hope you can help me once more and as

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Hiya again! And really hope you can help me once more and as always, can a person go onto a property land registry even though they are not on the mortgage to the property? Short and sweet this time for a change. Andy

tdlawyer :

Hello. Thanks for your question.

tdlawyer :

Do you mean can somebody be on the legal title without being on the mortgage?

Customer: Sorry yes on the property title deeds
tdlawyer :

Okay. In short, no, you can't do this. The lender will always want both people on the mortgage.

tdlawyer :

And it takes both people to agree to place a mortgage on the land itself.

Customer: I may have a problem then, as currently I have a matrimonial home that is in my wife's sole name on the mortgage and title deeds but we are going through a very messy divorce, but I do have a land registry notice on the property preventing it from being sold as she has tried to do this twice already. A friend of mine is prepared to buy her out and also take a new mortgage out to release her from hers, but I already own another house that is mortgaged and have former matrimonial debts with 2 CCJ,s so I don't think the friends new mortgage lender would add me to his mortgage?
tdlawyer :

It's worth a try, as they have sufficient security already by the sounds of things, adding you is just increasing their security.

Customer: Ok many thanks for your help and excellent service as always, and will get back to you again if we do have any problems concerning this, and yes I still have about £35,000 equity in the property as it stands
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