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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 823
Experience:  Experienced solicitor
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Can a different person take out a mortgage on a property to

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can a different person take out a mortgage on a property to the person who owns it and who is on the title deeds
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Ordinarily no they can not. But can you please explain the circumstances a bit more?
Customer: replied 2 years ago.


I have a mortgage still in the name of my ex husband and myself. We have been very amicably divorced for 5 years or so and this has never been an issue for us. He now however wants to buy his own place and needs to come off my mortgage to get his own. My current partner has promised me many times he would pay off the outstanding mortgage balance for me as a 'repayment' for work i have done for him over the last 4 years on a number of his projects.

He has now said however that he take would prefer to take the mortgage on to release my ex husbands commitments (i can't take the mortgage in my own name as I went self employed recently and only have one years accounts)

I have a lot of equity in the property and i know we could draw up an agreement on shared ownership but I am feeling he is using this option to renege on his promise and possibly also as an investment opportunity as he feels the house has potential to be worth more than curtly valued. He doesn't need to mortgage by the way, he has sufficient funds to pay the balance in cash if he wished.

This is really a question about family law on which I am ignorant so will opt out.
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