Advice please seperation related

bertiebots

I am pretty sure you can have your ex's details removed from the land registry(title deeds) but keep her name on the mortgage for the time being. She would have no claim over the property if you did this , but a legal agreement to back it up may be needed.
I think you need to speak to a solicitor who may give better advice. Why not try for a free half hour at a local office and see what they say. Because of the debt issues / credit ratings its going to be difficult for you to find an easy solution to the mortgage at the moment but you say you trust your ex so it shouldnt be a problem if that is the case.

cstreames

Im not sure if the deeds can be changed without a transfer of equity which requires a name change. I will be going to speak to a solicitor. Awkward situation really

clearingout

Are you getting divorced? The only legal way to deal with this is to get divorced and have the financial side of things signed off by a judge - you can do this cheaply by way of a Consent Order. You can also divorce cheaply using an on-line service if everything is amicable.

Only thing to be aware of is that you will be required to get legal advice prior to a judge signing off a Consent Order and that is where you might come unstuck if your wife is advised she's owed something more than what she's accepting now.

thorsoak

Why should your ex-wife agree to her name being removed from the deeds without also being removed from the mortgage? This would put her in the position of having responsibility for a mortgage with no equity!

cstreames

Exactly, and thats not what i want. From your posts it seems like you think i want to swindle her in some way which is completely the opposite. She walked out after lessvthan 8 months of marriage and is now happy with someone else she doesnt want anything to do with the house. But also understands that i want to keep the property. We are trying to find a solution that pleases everyone.

wannabe_sybil

I suggest that you post on the Housing board

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

or perhaps the mortgage board. There are some really knowledgeable people on there.

I don't really know about this, but I think the building society's view is that they have loaned a large amount of money secured on a house. If you default they can sell the house, but these days house prices are just as likely to go up as down, so there may be a shortfall. At the moment should there be a shortfall then they could chase both you and your wife equally for the money. They have loaned money that both you and your wife would be able to jointly repay it.

If they agree to take your wife's name off the mortgage, they would only have one person to chase should there be problems getting their money back and the replacement person does not appear to have (according to the computer) a good track record in paying money back/enough coming in to be equal to joint money when they first loaned the money for the house.

If they took your wife's name off the mortgage, in the situation you describe, they would be making a bad business decision. For them it is all about the balance sheet and the perceived risks, even if that perception is wrong.

I'm really sorry but I think you may not be able to do this. Hopefully I am wrong, or that someone more knowledgeable can give you better advice.

kitty_cat_2

cstreames wrote: »

Sadly alliance mortgages are now all done over the phone and after an extensive and exhausting call it seems that all common sense has gone out the window and it is a case of computer says no.

Tell me about it, I tried holding a conversation with one of their numpties last week! not to mention the time they charged me £150 for a transfer of equity and lost the paperwork before it was completed which resulted in the house deeds in joint names (me & DH) and mortgate in my sole name :eek:

pupsicola

This may or may not work but could you say that your partner is lodging with you and paying rent. Therefore increasing your income. If she is going to contribute to the mortgage anyway. Im suggesting you sort all this out legally, not advising you say one thing and do another. Okay so the mortgage would be in your name for now till you can eventually change providers. At least it may prevent you loosing the property.

pupsicola

kitty_cat wrote: »

Tell me about it, I tried holding a conversation with one of their numpties last week! not to mention the time they charged me £150 for a transfer of equity and lost the paperwork before it was completed which resulted in the house deeds in joint names (me & DH) and mortgate in my sole name :eek:

The Halifax did something similar to my ex and I years ago. I wasn't at all impressed with Alliance and Leicester either. They made a right mess of setting up a savings account. Found them rude, arrogant and more than a little lacking in common sense and courtesy.