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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Hi I have a query and would like to know how I stand. I bought

Customer Question

Hi I have a query and would like to know how I stand. I bought a house with my mother she put down the deposit and we paid the mortgage half each until just over 3 years ago when I moved into rented accommodation with my partner. I stayed named on mortgage as if I didn't mum would have to sell the house as mortgage company wouldn't allow just her on it. When it came to buying a property with my partner I couldn't be named on mortgage due to already being on another mortgage so my partner did it by himself. But now my mother informs me that she wants me off the mortgage with her now and I'm wanting to know how I stand financially she thinks I get nothing. Please help Terri
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Do you have a specific question?
Customer: replied 4 years ago.

Am I entitled to any equity out of the house

Expert:  James Mather replied 4 years ago.
Can she afford the mortgage on her own? Will the lender agree to remove you, those are the first 2 questions?

Customer: replied 4 years ago.

She borrowed money from her mum so that she could pay off a lump from mortgage to make it manageable for her to pay so yes she can afford on her own now also she's about to change providers and they will happily mortgage in just her name

Expert:  James Mather replied 4 years ago.
Thanks. Yr mum is going to be disappointed.
Unless there was some agreement to the contrary when you bought the property, what would happen when sold, the proceds are split 50-50. She gets nothing for paying the mortgage for the last 3 years because she lived in the house and you didnt.
She is going to have to find a wedge of cash to pay you off if you decide to pursue this.
She cant do it without your consent or court order in any event.

Does that answer the question?

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Customer: replied 4 years ago.

I am worried that she'll go ahead with new provider in just her name can she do this or does it need my consent? What happens if she just goes and does it anyway?

Expert:  James Mather replied 4 years ago.
She cant do it without yr consent or court order.
Customer: replied 4 years ago.

I'm living in the UK is this the same law here as I noticed you are in the US?

Customer: replied 4 years ago.
Relist: Other.
Didn't get a reply
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

I think my colleague is offline at the moment but I can tell you that he is based in the UK. The site is hosted in the States but we are all Uk based.