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Miles Bentley
Miles Bentley, Senior Solicitor
Category: Law
Satisfied Customers: 322
Experience:  BA (Hons), CPE, LPC
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Can a person be on a mortgage but not have their name on the

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Can a person be on a mortgage but not have their name on the Title Deed
Assistant: What steps have they taken so far? Have they prepared or filed any paperwork?
Customer: my ex partner's is on the mortgage and the Title Deed but he is having Financial difficulties and might at some point be pursued I live in the house and I pay all the mortgage and bills on my own, there is 10 years left on the mortgage but I'm worried I could be forced to sell
Assistant: Where is the house located?
Customer: Why do you need to know that
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No I dont think so

Hello,

I am a qualified Solicitor with over 19 Years experience in the UK.

To advise you, please can you clarify the Following :-

How is the property held, is it as Joint Tenants or Tenants in Common?

How much Equity is there in the Property?

Thanks.

Customer: replied 2 months ago.
Hello
I dont know how the property is held it was mine originally and I added my ex and we re-mortgaged it in 2000
There is about £95000 equity

You really need to know how the property is held and because if it is held is as joint tenants and you die, your interest in the property automatically gets transferred to your Ex-Partner, I am not sure if you really want that to happen!

There is sufficient Equity for you to protect, does he lay claim to any of the Equity or is he willing to relinquish his share in the Property?

Customer: replied 2 months ago.
How do I find out how is it held and yes he is willing to relinquish his share of the property

You can do a land registry search, it only costs £3.00 for an extract of the Title.

Please see https://www.gov.uk/search-property-information-land-registry.

I hope that assists. If you need more assistance, I am happy to help.

I am also able to offer a LIVE telephone call if you so require.

Finally, Please leave a Positive Rating, so that JustAnswer credits me for my time

Many thanks

You need to see a Conveyancing Solicitors to assist you in contacting the Mortgage Company and the Land Registry plus to complete the Forms.

Even if you are able to take him off the Property Title, his Creditors could request the Court unravel the Deal and this also includes the Official Receiver or any Trustee in Bankruptcy, should he be made Bankrupt by his Creditor and they will be able to go back at the very least 6 Years.

Please leave a Positive Rating, so that JustAnswer credits me for my time

Many thanks

Customer: replied 2 months ago.
I've got the land registry document but it doesn't say anything about joint tenants of Tenants in common. Can I get his name off the title deed or am i going to have to get the mortgage lender to approve this
You need to see a Conveyancing Solicitors to assist you in contacting the Mortgage Company and the Land Registry plus to complete the Forms.Even if you are able to take him off the Property Title, his Creditors could request the Court unravel the Deal and this also includes the Official Receiver or any Trustee in Bankruptcy, should he be made Bankrupt by his Creditor and they will be able to go back at the very least 6 Years.Please leave a Positive Rating, so that JustAnswer credits me for my timeMany thanks
Miles Bentley and 5 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you

You are most Welcome