Title Deeds

Teresa60

Just need a bit of advice please. My husband no longer lives in the family home, moved abroad nearly 4 years ago (not yet divorced). I now pay the mortgage, but his name is still on the mortgage and the title deeds of the house. He has emailed me to say I can have the house and he wants his name off the title deeds. How do I go about this please? Do I need to go through a solicitor? Could do with doing it as cheaply as possible. Thanks

G_M

As there's a mortgage, you'll need the lender's permission, so start by contacting them.

They'll probably require a solicitor as there's a change to the mortgage contract as well as the property Title.

Otherwise all you'd need do is send forms AP1, TR1 and ID1 to the Land Registry!

xylophone

You will need to contact your mortgagee - your estranged spouse cannot just demand to have his name taken off the deeds.

As far as I know, you will have to apply for a loan to refinance the mortgage, in your name only. After all, the original mortgage was approved in both of your names, giving the mortgagee two sources of repayment.

Although you and he may have decided between yourselves that he will no longer be responsible for paying the mortgage, that agreement doesn't affect the lender. The mortgagee can still come after him for repayment unless and until you refinance in your own name alone.

Just as you did when you originally took out the mortgage, you will have to pass the lender's eligibility requirements to refinance the loan. You will have to show that you will be able to make the payments and live up to your end of the deal. This time, however, the lender will be looking only at your assets, income, debts, and credit score.

gettingtheresometime

Wouldn't you be better getting a divorce & sorting out the house as part of the financial settlement?

I'm just thinking that if you transfer the house into your name only then what's to stop him claiming part of it when you do come divorce?