Changing Title Deeds

unhappy_with_ecar

My ex partner and I have a joint mortgage, we split about 12 months ago and they signed a heads of agreement which we had witnessed, accepting that in return for me taking on the outstanding debt for the home (which was more than the property was worth) they would relinquish their beneficial interest in it. My plan was for me to remortgage in my name and remove their name from the deeds. Obviously due to the economy I haven't been able to source a new mortgage, I've kept everything paid uptodate and as far as I and my ex are concerned this is now my house.
My worry is that my ex has financial problems and with their name still being on the mortgage and the deeds whether this could lead to problems.

Any thoughts?
Is it possible to remove their name from the deeds without actually redoing the mortgage at this stage?

loopyanna

Hi,

Yes you can remove him from the deeds without changing the mortgage if he is agreeable. Speak to a local solicitor about arranging this. It's a fairly straightforward process, pretty much just form filling and signing by you and your ex. However, if he seeks legal advice on what he is being asked to sign you might hit a sticking point. If i were acting for you, i would certainly recommend he seek advice before signing.

If your ex came to see me and explained the situation i certainly wouldn't advise him to remove his name from the deeds whilst still being a party to the mortgage. This would effectively mean he would still be liable for the mortgage without owning any of the house! He would be in a lose lose situation really...

Hope this helps

Anna