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Removing name from mortgage / getting bought out

Hi there

I know this is similar to another thread, but I'm still confused. :(

My boyfriend and I have broken up. We have a house together (both on deeds, both on mortgage).

He is going to 'buy me out', by paying me what we think is fair (all based on equity on house etc). He is going to give me what I am owed in cash. Then we will remove my name from the deeds and from the mortgage.

I thought this was going to be straightforward, but I'm a bit concerned now that I've read some of the information on this site that the lender won't be happy about the mortgage being transfered just into his name.

Remortgaging isn't really an option for him due to a high early repayment charge, which we are both hoping to avoid, and is one of the reasons we're not selling it.

He is a barrister, which makes him self-employed and appears to be another issue.

As a rough estimate from what I remember from our various discussions, I think there is about £100,000 to £120,000 left to pay on the house, and equity around £30,000 - £50,000.

I hope there is a way round this and I hope that it can be done quite quickly because I'm ready to get a mortgage sorted and put an offer on a house.

Any advice would be greatly appreciated!! :question:
Thanks so much

Comments

  • opinions4u
    opinions4u Posts: 19,411 Forumite
    It's totally in the hands of the lender.

    If they don't want to release you from the long term commitment you signed up to, they don't have to.

    What have they said?
  • hcb42
    hcb42 Posts: 5,962 Forumite
    you only have a rough estimate, on a massive debt that you are responsible for?

    you need to get a grip on that pretty quickly, but if he can buy you out, then great, a lot are not in that situation
  • Thanks, we have the paperwork of course, i just can't remember the figures right now. I'm just not sure how it's done.

    I guess we just contact the lender then.
  • @ opinions4u

    Thanks, we haven't asked them yet. I was just trying to get an idea on how it all works in the meantime.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    If you wish to take on a new mortgage, you need to make it a priority to find out of the current lender will allow your EX to take over the mortgage. Because even if he has paid you the money you have agreed, that does not absolve you from liability for the mortgage, which means that you are probably unlikely to get another mortgage until this is sorted out.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • kingstreet
    kingstreet Posts: 39,315 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your ex approaches the lender to request a transfer of equity with further borrowing to buy you out.

    The lender vets him as it would a new applicant, checking his income, credit worthiness and the new loan to value of the total mortgage.

    If all ok, they will agree to the transfer and the matter then passes to a solicitor. The solicitor will handle the transfer of equity for your ex, resulting in him being the sole named mortgagor and owner. The solicitor will obtain the funds and pay them on to you after obtaining your written discharge.

    The cost of the transfer of equity, including lender and solicitor's costs will be in the region of £400 to £600. You will be advised to seek independent legal advice, at your own cost.

    There is nothing to stop you applying for a mortgage once things get under way. Once the lender approval to the extra borrowing is granted, you can then confirm on your new mortgage application that the current mortgage will be repaid on, or before, the completion of the new one.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
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