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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 7880
Experience:  Owner at James Bruce Solicitors
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I have a joint mortgage with my husband, my husband is being

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I have a joint mortgage with my husband, my husband is being accused of historical abuse against my daughter - is it possible to have my husbands name removed from the mortgage and deeds and pay my husband the share he has contributed to the mortgage which is half the monthly mortgage payment for the last 5 and a half years (he didn’t provide a deposit and has not contributed to the upkeep of the property)
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

To remove your husband from the deeds and mortgage, he would need to agree and sign documents to transfer the property to you.

You can try and negotiate that with him.

Otherwise a court order would be required to do so, as that is even more unlikely.

Also to be taken into account is whether the mortgage lender will grant you a sole mortgage.

Can I assist or clarify anything further?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 6 days ago.
If my husband was to agree to receive only what he has paid toward the monthly mortgage payments- and we both agreed we were happy to do that, we then sign documents to agree also the lenders hypothetical ly happy for me to be sole mortgagee - is that it! No courts involved?
Also would the fact that my daughter has made historical allegations against him not warrant his name to be removed easier?

The allegation made are criminal law, that has no relevance on ownership of property.

Yes if all parties agree there is no need for court correct.

Customer: replied 5 days ago.
Thank you for clarifying. I appreciate your time.
Customer: replied 5 days ago.
I would of liked to call you but sadly the £44 isn’t in my budget - I wish it was as a phone call would be much easier but once again, thank you

your welcome

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