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House deeds and name change

I have a house in joint names with partner who has left me. I have been paying the mortgage and all bills since last october. The house is worth approx £170000, £93000 left to pay. I put in £24000 he put in £7000 when we bought the house. I believe that we are shared tenants on the mortgage details but i cant find the details. I also believe that if something happens to me (as in i die) then he gets the house 100%. I have two sons 9 and 19 (9 year old is his son) and i would like both to receive my share but he can take it al??? Can i remove his name from the house deeds(with his permission and signature etc) without having to inform the mortgage lender? Can i put the deeds in my name without his permission. He has not paid any money in since october so if he is entited to 50% then should he pay half the mortgage? Long question......any help out there? Thanks.

Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 6 August 2016 at 8:25AM
    tigertots wrote: »
    I have a house in joint names with partner who has left me. I have been paying the mortgage and all bills since last october. The house is worth approx £170000, £93000 left to pay. I put in £24000 he put in £7000 when we bought the house. I believe that we are shared tenants on the mortgage details but i cant find the details. I also believe that if something happens to me (as in i die) then he gets the house 100%.

    Then that means you are joint.

    I have two sons 9 and 19 (9 year old is his son) and i would like both to receive my share but he can take it all???

    At present. You can change to tenants in common without his need to sign anything or his permission and then change your will to leave your share to whoever you want.

    Can i remove his name from the house deeds(with his permission and signature etc) without having to inform the mortgage lender?

    No.

    Can i put the deeds in my name without his permission.

    No. (obvious if you think about it otherwise I could put your deeds in my name for example!)
    But even with his permission you can't, due to you having a mortgage.

    He has not paid any money in since october so if he is entited to 50% then should he pay half the mortgage?

    Thats up for negotiation between the two of you. There's no rule about it. But the fact the 9 year old is his child and yours means you will likely get permission to stay there until he is 18 anyway, eg he cant force a sale until then.

    Long question......any help out there? Thanks.

    Have you looked at your affordability for taking on the mortgage wholly and buying him out and giving him whatever portion of equity you decide? If that isnt there, then that shortens your options. Have you talked to a solicitor?
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