Named persons on Deeds different to Mortgage

equityone

How would my daughter stand if her Husband wanted to sell their property where they are living apart.
They had a joint Mortgage, all paid off.
But the Deeds shows him and ex-partner.
My daughter is living in the property with her disabled sister, he is elsewhere and not on the electoral list for the property.
She pays all the bills, maintenance and improving the property. 

Could he sell the property without her agreement ? 

TonyMMM

You might need to explain how this situation came about - at the moment it appears she has no ownership of the house at all.

user1977

From a practical point of view, it's hardly likely anybody would buy the property while she's still living there. Is there any suggestion that he does want to sell the property?

When you say he's living elsewhere, are they actually separated as a couple, and if so is divorce on the cards? If so then the property (including whatever stake she might claim in it) would be dealt with as part of the divorce settlement.

MWT

I would also want to know what claim the ex-partner might have on the property...?

Sounds like someone dropped the ball on this one back when the joint mortgage was first arranged, or was she added to an existing mortgage when they married perhaps?

Mojisola

equityone said:

How would my daughter stand if her Husband wanted to sell their property where they are living apart.
They had a joint Mortgage, all paid off.
But the Deeds shows him and ex-partner.
My daughter is living in the property with her disabled sister, he is elsewhere and not on the electoral list for the property.
She pays all the bills, maintenance and improving the property.
Could he sell the property without her agreement ? 

Two things to do at the Land Registry -

www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

https://propertyalert.landregistry.gov.uk/

It's not wise to spend her own money on improving the property until she gets the ownership sorted out.

silvercar

Something has gone wrong as whoever did the legals for the mortgage should have ensured that those named on the deeds were on the mortgage. Sometimes you can have borrowers who don't own the property (eg family going on a mortgage to increase affordability without going on the deeds), but you shouldn't have people on the deeds who aren't on the mortgage. 

equityone

OK
As she is now separated from her husband and has been for some 10 yrs. But neither progressed divorce proceedings.
Is it a matter to apply using form AP1 to remove this person and add her name to the deeds.

I have told her to approach the Major worldwide bank who organised their mortgage, to clarify how/why the mortgage was processed without her name on the deeds as a starting point.

Thanks

silvercar

equityone said:

OK
As she is now separated from her husband and has been for some 10 yrs. But neither progressed divorce proceedings.
Is it a matter to apply using form AP1 to remove this person and add her name to the deeds.

I have told her to approach the Major worldwide bank who organised their mortgage, to clarify how/why the mortgage was processed without her name on the deeds as a starting point.

Thanks

It could depend on how compliant the ex wife is going to be. As it stands she is the part owner of a mortgage free property.