Sole name on Mortgage but not on Deeds! And now separation!

far2812

Hi all, I'm back for some more advice please.

Scenario - Friend moved in with girlfriend and mortgage is in his sole name only, girlfriend's name is the only name on the deeds - his isn't!!! I know - I cried too!!

So now they are splitting up and he is moving out - what on earth can he do if anything?

Can he cancel the mortgage or transfer it to her? Can he be retrospectively added to the Deeds (not that i think she will agree to this).

Is he liable to pay the mortgage still even though he will have no claim to the property (or will he)?

Any advice greatly received!

Thrugelmir

How did this situation arise?

davidmcn

far2812 wrote: »

Friend moved in with girlfriend and mortgage is in his sole name only, girlfriend's name is the only name on the deeds - his isn't!!!

This sounds implausible - are they quite sure they've interpreted things correctly?

far2812

I know it seems crazy - I didn't think you could get a mortgage without your name being on the Deeds.

Yes, they bought the house - the mortgage solely in his name and put the Deeds solely in her name (a controlling relationship!) - now she wants him to move out as she's found someone else!

Any advice whatsoever, is greatly appreciated.

DUTR

far2812 wrote: »

I know it seems crazy - I didn't think you could get a mortgage without your name being on the Deeds.

Yes, they bought the house - the mortgage solely in his name and put the Deeds solely in her name (a controlling relationship!) - now she wants him to move out as she's found someone else!

Any advice whatsoever, is greatly appreciated.

Your home maybe at risk if you fail to keep up the repayments on any secured loan.
Folk have asked you how the situation you describe arose, you skip past answering that , it does seem highly improbable that the situation you describe is true.

davidmcn

far2812 wrote: »

I know it seems crazy - I didn't think you could get a mortgage without your name being on the Deeds.

The mortgage deed itself needs to be signed by the owner in order to create the charge over the property. While in theory it's possible to do that in order to guarantee a loan to someone else, it's just sounds too weird that the loan would be to the partner in order that he could then gift it to her to buy the property...

ACG

You can sometimes get one name on the mortgage but 2 names on the deed or vice versa, but as far as I am aware you can not get one name on the deeds and a different name on the mortgage. From a logical perspective how can you secure a loan against someone elses property?

Lets assume it has been done for whatever reason, she still needs to sort it out. If your friend stops payin the mortgage, would they repossess? Im not sure if they could, but if nothing else she would have a headache for a few months.

AnotherJoe

Seems bizarre and implausible. Consult a lawyer.

TrickyDicky101

Is any lender listed against the property? Easily checked via the Land Registry. If not, the lender has a problem and your friend an even bigger one. The ex is sitting pretty though.

kingstreet

ACG wrote: »

as far as I am aware you can not get one name on the deeds and a different name on the mortgage

HSBC does this.

Only lender to do so for some time.

FBaby

Surely he needs to go back and look at the paperwork. Did he realise then that his name wasn't going on the deeds or is it a case that she signed everything and he trusted her, never checking that his name was on it?

Is the correspondence from the solicitors to her only? He really needs to go back to the solicitor and understand what happened and then see how he can challenge malpractice depending on whether he was at fault for agreeing to it all or not.