Advanced search

Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

Jointly owned house, changing mortgage to sole name?

(15 Posts)
Afterthestorm Wed 25-Jan-17 17:42:21

Wonder if anybody knows about mortgages and can confirm for me if it is possible to change a mortgage from joint names to my sole name, subject to affordability etc.

The property is currently jointly owned but we are getting divorced so I don't know if it's possible to remove my ex from the mortgage (with his authority obviously). If so, is it possible before the divorce is finalised?

Many thanks

ImperialBlether Wed 25-Jan-17 17:49:21

Yes, you can. I did! Just speak to your bank/mortgage adviser - it happens all the time, otherwise everyone who was divorced would still be owning houses with their exes!

SillySongsWithLarry Wed 25-Jan-17 17:59:35

I did too. You will need a solicitor to lodge a TR1 form with the land registry and then go through conveyancing as if you wet buying it for the first time. I was awarded 100% of the house so ex had to sign to say it was a gift.

childmaintenanceserviceinquiry Wed 25-Jan-17 18:00:18

I had to do this a couple of years ago. The land registry rules for conveyancing have changed (not sure when). You can pay for the conveyancing or you can do it yourself. However if you do the latter, part of the filing at the Land Registry requires an appropriately qualified property lawyer to certify bits on the forms (possibly to do with identity). I live in the South East and there was little difference in cost.

Afterthestorm Wed 25-Jan-17 18:11:31

Thanks all. Just to clarify, I want the mortgage in my name whilst the house is still jointly owned. The ownership will be sorted out in the divorce wrangling but I need to get the mortgage into my name first for reasons below.

I went to see my current lender, the Halifax, back in November and the chap said it would be fine, any change if ownership could be done after the mortgage had been put into my sole name. When the paperwork from the legal people came through it said the mortgage had to be in the same names as both the legal owners. I called chap back and he apologised for any misunderstanding but the paperwork was correct!!!

The trouble is, due to my daughters age and needing to use benefits to borrow enough, i have a deadline to get it through by the end of May, and the divorce is very unlikely to be through by then. Arggggghhhhh!

Justfivemoreminutesplease Wed 25-Jan-17 18:15:15

I'm pretty sure you can't do that - if you were to default on the mortgage payments, the bank couldn't get possession as the ex would still have a claim to ownership of the house. Pretty sure you can be on a mortgage and not own that house but not own the house and not be on the mortgage.
I'd suggest you seek legal advice.

Lilyloo456 Wed 25-Jan-17 18:20:50

I'm interested in this as well. I own my house with my ex husband. He left and moved to London and I took on the mortgage, He doesn't pay any money towards it but still wants half the equity when I sell ( have agreed to wait till dd is 19 and left education. However I was under th impression I could only get him off the mortgage if I took a mortgage out in my own name and paid him off which I think is unfair seeing as I've been paying it myself for nearly 10 years. Sorry o can't offer any help or advice :/

RedHelenB Wed 25-Jan-17 18:30:34

I took over the mortgage and had the house signed over to me before we divorced, However, this was 8 years ago, Halifax were really great about it too.

Afterthestorm Wed 25-Jan-17 18:38:13

Thanks Just, that makes sense. Redhelen, thats interesting. I'm just not sure my ex is going to sign the house over to me totally, in the form E he said he wanted the house signed over to me but with a charge on it in his favour. I am annoyed because the Halifax chap said it would be fine, I told my ex this. I now have to go back and say they got it wrong. He won't believe me. 😫

RedHelenB Wed 25-Jan-17 18:43:52

Oh my ex just signed it over so I got all the equity so that must be the problem with your application.

Afterthestorm Wed 25-Jan-17 18:50:31

Yes, that would probably be it. He wants off the mortgage so maybe he'll give up on the charge idea.....

Thanks everyone.

Ceaser1981 Wed 25-Jan-17 19:30:24

Leanders dont let others put a charge on the title if its mortgaged. Basically to protect them should they need to repossess. The omly way, as far as i know, to put a second charge on is to get a court order. I think you are best getting a solicitor, perhaps a tenants in common restriction would be enough, this will show on the title document.

Pandamanda3 Wed 25-Jan-17 21:12:55

I had to get a court order on mine as it was in my ex husbands name solely, I have 70% of our home but his name is still on the mortgage as I can afford to buy him out. Needed a solicitor to organise the details and register it at land registry possibly as above p&p said tenants in common, not sure it's been so bloody complicated.
I'm looking to sell soon and I understand I can do this however he has to agree details etc...

Can I ask if anybody has any positive experience getting mortgage with halifax im self employed 2 years books looking to get mortgage with my son but prefer to try on my own if at all possible. Iv a disabled child & so im also a carer and recieve top up from tax credits. The man in halifax said they accept certain benefits as income so am hoping with my deposit I may be lucky.
Has anybody any experience of this at all? Sorry to hijack just thought I'd ask whilst subjects being discussed.
Good luck op though, your ex wants charge on it to ensure he has a right to claim against it so be careful I know what they can be like, I can't wait to go it alone and be free but worried about having to rent if I can't get a mortgage x

Afterthestorm Wed 25-Jan-17 21:41:33

Hi Panda.. Thanks for your input, it's all so bloody complicated, good luck to you too.

According to my man at The Halifax they will take working tax credit, child maintenance and child benefit into account as long as you are getting it when the mortgage goes through, but child tax credit only until a month or two before the youngest child is 13 (it doesn't seem to matter about the ages of the older kids), i.e. If your youngest is older than just under 13 you can't use it. I can't help with the self employed bit I'm afraid as I have just gone employed for this very reason. You have to get the maintenance in some form of writing, not too sure of the details.

As an aside, I have been speaking to London and country mortgage brokers who so far have been very helpful, in case Halifax, my existing lender proves to be a no-go.

Pandamanda3 Wed 25-Jan-17 22:32:17

Ahhh thanks op that's something at least! Not sure I'll be able though but hoping.
I'll look at the other lender too,
Looking around though there doesn't seem much out there for sale it's a scarey time I think as its seems to have gone so quiet no boards up by me not like previous years!
Hope it works out for you new start happy future x

Join the discussion

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

Register now »

Already registered? Log in with: