How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
Type Your Family Law Question Here...
Stuart J is online now

We trying to remove one partner from the mortgage leaving

Customer Question

We trying to remove one partner from the mortgage leaving one is that possible
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet we separated for more than ten years
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Hertfordshire county
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: just that we have agreed the mortgage should be in one name
Submitted: 16 days ago.
Category: Family Law
Expert:  Stuart J replied 16 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can the ex who is staying in property afford to remortgage in their own name?

Customer: replied 16 days ago.
he is been paying the mortgage from start
Expert:  Stuart J replied 16 days ago.

There is nothing legally to stop the property being in joint names and the mortgage in one name or the mortgage in 2 names in the title deed being in 1 name.

Any combination you like.

However you need the consent of the lender to do that.  Simple as that.

It comes down to what the lender will and will not lend on.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards