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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34889
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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How do you change a joint mortgage deed to a new husband when

Customer Question

How do you change a joint mortgage deed to a new husband when your ex partner has gone missing for last 2 years and all avenues of contact have failed?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

The house was purchased for £136,000 in 2007 - now worth approx. £140/145,000. This house was purchased by my daughter with Malcolm although even then was an ex partner but still on friendly terms, (it was meant to be a way of getting profit and daughter was going to live there on her own). In 2008 my daughter was made redundant and she had been paying mortgage on her own till then - she left the property with new boyfriend who lived in London and Malcolm took over the mortgage payments - apparently he rented out the property as sole owner (unknown to daughter) and had all profit from this, we have evidence of this and £10,000 profits. In 2013 the tenant was evicted due to non-payment of rent and Malcolm then went missing. Daughter moved back into house with new boyfriend/now husband (who has been paying mortgage ever since. All efforts to contact Malcolm have come to nothing (brother stated he had gone to America?). she wants to change house to herself (now employed) and her husband Paul. Mortgage Lender is Santander and they are being difficult saying they need to contact Malcolm and won't deal with my daughter. HELP

Expert:  Clare replied 2 years ago.
How much is currently outstanding on the mortgage?
Customer: replied 2 years ago.

Rough guide £127,000. When Malcolm was renting property he changed the mortgage to an interest only one. This has been changed back to a straight repayment in 2014.

Expert:  Clare replied 2 years ago.
What steps have actually been made to trace him?
Is the re-mortgage essential?
Customer: replied 2 years ago.

Tried letters to his brother (who said Malcolm had gone to America) and daughter/email, text to last known phone number/facebook/electoral register. Mortgage is with Malcolm - want to change mortgage over to Paul (husband) for security sake and so that Malcolm can't appear in later years and want to sell house etc. He has been difficult in past and Police involved at one point for abuse and harassment.

Expert:  Clare replied 2 years ago.
The news is not good.
If you do wish to do this then you MUST find the ex.
A Private Detective should be able to establish his whereabouts.
He will then need to agree to change - and he may well demand half of the current equity as he is legally entitled to do.
If he is not willing to agree to the Transfer then the only legal option open to your daughter is to apply to the court for the sale of the property - and then she and her husband will be able to purchase the property at the price set by the court.
The proceeds of sale will have to be divided 50/50 - although your daughter can ask for an accounting of the letting fees received.
If the ex cannot be found then again the only option is to apply to the court for an order for sale - and the court will wish the ex's half of the proceeds of sale to be held in trust for him
I am sorry - I know that this is not what you wished to hear but it is the law I am afraid
Please ask if you need further details