You would normally remove him from the deeds when you remortgage.
You can always ask the existing lender to remove him but they will not usually do so because it means that they all losing someone to chase if the mortgage doesn’t get paid.
If they will agree, so much the better but don’t hold your breath.
There is then the process of transferring the property from 2 names to 1 name.
The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:
To transfer property from 2 names to 1 name or from 1 name to 2 names or to simply sell a property is relatively straightforward but there are a lot of forms to fill in
The transfer deed for sale or simple transfer is form TR1
and here are some notes on that form: https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property
or, if it is transfer pursuant to a bequest in a will, then form AS1 is the assent which transfers the property to the beneficiaries.
and you also need AP1
for all the parties involved.
There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.
There is also the Land Registry fee based upon the value of the house which is here:
Use scale 1 fees.
If there is a mortgage on the property they will need to consent to the transfer and if it is going from 2 people to 1 person they will usually refuse to remove one and would want the mortgage repaid.
There may be stamp duty depending on the money changing hands or if no money changing hands, there would be stamp duty on the transfer if the mortgage being taken over or disposed of is over £250,000. Stamp duty is based upon 50% of the mortgage. If there is no mortgage and no money changing hands, there is no stamp duty.
BUT BUT BUT…..
As part of the divorce process, to draw a line under the finances you will need a financial order.The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.
Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.
And here are the notes from the government on how to apply for a financial order:
Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).
You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed. Otherwise it’s a potentially expensive argument.
It stops a spouse coming out of the woodwork in years to come as you will read here:
Remember that applying for a financial order is not expensive if you agree between you. The court fee is only 50 quid. It is arguing that costs money.
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