Getting out of a mortgage after a split - same solicitor?

norangeduck

Hi there - I wonder if anyone can offer their advice?

I split up with my boyfriend last year, we have a mortgage together. He is in the house, I havent paid into it since I left, and he put the deposit down on the house. It has now come to the time where we can now get my name of the mortgage.

I am wondering if we should just hire one solicitor between us, and split the cost, or is it best I hire my own? I assume its just a case of taking my name off the deeds, surely its not too complex for us to have to deal with each others solicitors? then again Iv never done this before - so advice appriciated!

Thanks

opinions4u

You should use different solicitors to ensure that your individual interests have been properly considered.

But you don't have to.

Scad

It's all about "Conflict of Interest". The solicitor may not be prepared to act for both parties. As the previous poster said, you should seek independent advice in order to ensure your interests are catered for. You may be entitled to some equity from your name being removed.

I would reccomend that you seek independent advice. Call around some different solicitors for a quote for doing this as prices may vary vastly!

getmore4less

What are details of the borrowings.

Purchase incl all cost.
Money in by each of you and mortgage.
How did you split the mortgage
Current estimated value.
outstanding mortgage

What agreement did you have at the begining?


If you are both in agreement about who owes what then it may not be worth the extra expence especialy if the amounts are small/zero.

Each of you may actualy be able to claim money off the other but if you don't actualy want to or have agreed a sum that is fare why introduce extra costs.

norangeduck

Hey thanks for the replies.
Well what I was planning on doing was just to take my name off mortgage, the house value is lower than what we paid for it, I didnt put any cash deposit down (he did), I just paid half the mortgage for 18 months. The house wouldnt be in negative equity, but that isnt my money as I never put any down. I shouldnt expect anything out of it, should I?
Thanks again

zzzLazyDaisy

norangeduck wrote: »

I shouldnt expect anything out of it, should I?
Thanks again

Legally or morally?

If you are asking what your legal rights are, it depends on how the house is owned. Joint ownership can take one of two forms: Joint Tenants or Tenants in Common. If you own the house as Joint Tenants, then it doesn't matter who paid what deposit or what contribution to the mortgage, you are entitled to half the current equity. If Tenants in Common, then the Land Registry will have a record of the shares each owns, and you are entitled to that share of the equity.

Of course you can always come to some other arrangement, but this is one of the reasons why you should consider seeking your own independent legal advice - and indeed why a solicitor may refuse to act for both of you (in this situation it would be impossible for the solicitor to act in both of your best interests as your interests are conflicting)