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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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joint mortgage with partner. Partnership split up. Female partner

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joint mortgage with partner. Partnership split up. Female partner not able to take over sole responsibility for whole mortgage due to income shortfalls.
If mortgage left in joint names, and male partner is amicably bought out, can a legal document be drawn up so that all his rights to a half share of the property are relinquished even though his name remains on the mortgage for continuation purposes.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name isXXXXX can help with this.

tdlawyer :

Yes, this can be done. A declaration of trust would be drawn up to show that the male partner is no longer to be entitled to any interest in the property and that he holds it in trust for the female partner thereafter.

tdlawyer :

Legally, it's very simple.


Currently the split up is amicable. If such a trust is drawn up and the relationship deteriorates, is there any way in which the male partner could hold up a sale if for instance, my daughter wanted to move to another property?

tdlawyer :

Not really, no. The trust would make clear that he has no interest and hence, he would have no grounds to hld anything up in terms of a sale. Theoretically, whilst his name is XXXXX XXXXX legal title, he can always refuse to sign things over and cause issues, but if you went to court on this armed with the declaration of trust, he'd lose, be ordered to pay costs and you'd end up in the same place as if he had signed it. So I expect a worst case scenario is he postures a little to be difficult, but you'd like to think if he was sensible and receved good advice, he'd have to give way eventually because it would be seen for what it is - a deliberate and pointless attempt to cause a delay.

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