Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Joint property and unable to transfer of equity in my name

(20 Posts)
LondonSuperTrooper Sun 09-Mar-14 09:42:02

Thanks Babyrose.

And thank you all for your replies and sharing of information. I'm feeling much more positive now smile

babybarrister Sat 08-Mar-14 09:39:33

This has also been my experience that some lenders will allow transfer into one person's name whilst insisting on both remaining on the mortgage ....I too cannot understand why they wouldn't ...

babybarrister Sat 08-Mar-14 09:38:24

Don't worry londonsupertrooper - this is just an issue between family and property lawyers but ultimately if things are drafted widely your interest will be protected regardless!

Nappaholic Fri 07-Mar-14 23:02:03

I've never understood why the lender would object, as long as the other party remains on the mortgage, what diff does it make to the lender if s/he is taken off the title? Some lenders - the Woolwich springs to mind - never quibble. Others...the Halifax for example...are less keen. Any thoughts or comments, Seabright?

Seabright Fri 07-Mar-14 19:01:31

The consent order is only binding on the two parties, not on the mortgage lender. They can and will ignore it, if they don't want to agree to the transfer

LondonSuperTrooper Fri 07-Mar-14 10:42:50

Nappy - Thanks for the explanation. I feel so much better knowing that smile

Nappaholic Wed 05-Mar-14 23:05:02

Just to chip in, FWIW, some lenders protect their charges with a restriction on the title, and it's consent to the registration rather than the transfer that is required. However, when a divorce court makes an order settling the beneficial interests - eg all, 90%, 60% or whatever to the Wife - then that will be binding between the parties, even if the lender refuses to consent to a transfer of the legal title. A remortgage at that point could be useful!

LondonSuperTrooper Mon 03-Mar-14 08:46:05

Seabright is the consent order legally binding? Especially the bit about transfer of equity?

I'm currently looking for a solicitor and getting overwhemed by the sheer numbers that are in my area sad

babybarrister Sun 02-Mar-14 13:30:01

seabright - we do realise this I promise! We have to draft to provide for best endeavours to get x removed from property and indemnify other partner if not possible ....

re transfer itself - some mortgage companies will still transfer if both remain on mortgage so v difficult to draft to cater for all possibilities .....!

still we have new consent orders coming through so will be interesting to see how they deal with this

LondonSuperTrooper Fri 28-Feb-14 10:47:57

Thanks for the advice. I am currently looking for a good family/divorce solicitor.

Didn't realise that if he releases equity to me then it is not binding sad

Seabright Thu 27-Feb-14 19:18:56

Sorry, first line should read "am getting"

Seabright Thu 27-Feb-14 19:18:31

Yes, get a solicitor. But, I (property lawyer) and getting an increasing number of Consent Orders given to me by family lawyers which state the property is to be transferred to X, but if the lender won't agree, the transfer can't happen - family lawyers don't seem to consider that lender often won't agree to transfers.

So, within the consent order needs to be something along the lines of "property to be transferred to LST as soon as mortgagee will allow, but in the meantime, the sum due to Mr LST to be limited to £x/x%"

prh47bridge Thu 27-Feb-14 18:07:25

Any such document would not be binding. I repeat my advice up thread. You need to get divorced and sort out a financial settlement.

It is not guaranteed he will get more than he contributed. It depends on a range of factors. You will only get proper advice from a lawyer who specialises in family law and is in possession of all the facts.

pilates Thu 27-Feb-14 17:56:31

I wonder if you get him to sign something to say he has no interest in the property and would not make a claim in the future. Not a Solicitor but hope someone comes along soon to help you out.

LondonSuperTrooper Thu 27-Feb-14 16:40:45

Pilates we are married & we have a mortgage.

No I didn't get a Trust Deed drawn up - didn't know that it existed sad

I think that we are joint tenants.

pilates Thu 27-Feb-14 16:25:21

How are you holding the property?

Joint Tenants or Tenants in Common?

Did you have a Trust Deed drawn up stating you paid more in?

Are you not married?

Think you need to get appointment with Solicitor ASAP.

Good luck.

LondonSuperTrooper Thu 27-Feb-14 16:12:03

Thanks for your replies.

I am really worried that the source of deposit is disregarded. We've been paying the mortgage 50/50 so I'm pretty upset that he is going to walk away with more than he has contributed!

I will need to get a solicitor ASAP then!

RedHelenB Thu 27-Feb-14 15:30:00

Well if he's not living there then you paying the mortgage is the same as him paying rent/mortgage on his own place so he may well be entitled to as much as half the equity at the point of sale. If you were married then who paid the deposit may mot come into the equation either. You need to see a solicitor about a divorce & financial settlement, your ex can agree in a consent order to get nothing from the house. I got 100% equity in my house BUT I released ex from the mortgage

prh47bridge Thu 27-Feb-14 15:27:41

You need to get divorced. Ownership of the house, etc. will be sorted out as part of the financial settlement.

LondonSuperTrooper Thu 27-Feb-14 13:34:00

Hello. I am hoping that someone can help me please. My ex and I bought a property together. Now 9 months after buying the property, he has decided that he wants out of the marriage. Both of our names are on the deeds and I have contributed 90% of the deposit/ house buying costs.

He wants to move out and stop paying the mortgage next month. I cannot do a transfer of equity, as my lender will not allow me due to my low income. I am intending to get a lodger once he moves to help pay the mortgage, as I would like some continuity for my DC. The lender said that as long as the mortgage is paid, they would not ask any questions. So I�m hoping that I�m safe on that front.

With his name on the deeds, is there a legal agreement that can stipulates that I own the property outright or have a certain amount of percentage stake in the house? Even though he said that he�s got no interest in the house, I am worried that will want to stake a claim on the property in the future�. And I�m the one who�s been paying the mortgage in his absence.

I sincerely hope that someone can help me until I can find a solicitor.

TIA

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now