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Original poster

How do I get my name off the mortgage and house ?

37 replies

Starsaboveus · 01/10/2020 15:48

Please can someone advise me on how to get my name off the mortgage ( he pays it and he owns most of the house ) and my name off the house, I don't want to be in the relationship anymore and this is just making me feel trapped I have had enough but don't know where to start x

OP posts:
jdoejnr1 · 01/10/2020 15:49

Is he happy to take over the mortgage in full?

DueNumberTwo · 01/10/2020 15:49

You need to see a solicitor.

Original poster
Starsaboveus · 01/10/2020 15:50

Yes he put down a huge deposit Mortgage is cheaper than renting for him due to large deposit, he has paid all the repayments as I had dd and became sahm when we brought it x

OP posts:
Original poster
Starsaboveus · 01/10/2020 15:51

How do I go about seeing a solicitor with no money, I'd have to ask him for some and I don't think he would afford it or agree xx

OP posts:
Cocomarine · 01/10/2020 15:52

The only way for you to come off the mortgage, without selling up, is for your - boyfriend, husband? - to remortgage in his own name.
Even if he can afford to pay it on his own, can he pass affordability checks to do so?

Slow down and BREATHE though... you say he owns most of it. So not all. Don’t give up your share in a panic.

Are you married?
Do you own the house as joint tenants or tenants in common?

yelyah22 · 01/10/2020 15:53

Solicitor, ASAP - if he's happy to take the mortgage on in full it's easier, but it's not a quick process unfortunately. You can leave first and sort it out after if you need to.

Cocomarine · 01/10/2020 15:53

I’m guessing you’re not married?

Cocomarine · 01/10/2020 15:54

[quote yelyah22]Solicitor, ASAP - if he's happy to take the mortgage on in full it's easier, but it's not a quick process unfortunately. You can leave first and sort it out after if you need to.

Palavah · 01/10/2020 15:56

If you are married then you are entitled to a share of the house.

Most solicitors will offer a free initial consultation.

If he is restricting your access to money then please speak to womens aid www.womensaid.org.uk

Original poster
Starsaboveus · 01/10/2020 15:58

Thankyou for your replies we are tenants in common, I signed a deed of trust to say that I wouldn't have any of the deposit we are talking over two hundred thousand, I will walk away with max 6-10,000 xx

OP posts:
Cocomarine · 01/10/2020 16:01

A free 30 minute consultation with a solicitor will help - they don’t have to offer this, but google in your local area and many do. That will not be long enough to give you detailed advice. But it will allow them to tell you if you have a situation that they can help with.

To get the most from this, you should have as much info ready as possible. E.g. Don’t waste time on that 30 minutes saying, “I don’t know” about how the house is owned.

Original poster
Starsaboveus · 01/10/2020 16:01

To be honest I'd be happy to walk away with nothing but don't think it's that simple as would need to claim benefits xx

OP posts:
Florencex · 01/10/2020 16:03

Is your partner agreeable to buying you out and taking over the mortgage in his sole name? That would be the first thing to ascertain.

If he is agreeable and you can agree what he should buy you out for, then it will be a relatively straight forward process, although I still think you need to involve a solicitor to ensure everything is done properly.

Cocomarine · 01/10/2020 16:04

Where your money is tied up in property, there is a grace period where you can claim benefits pending sale / buy out. I think it’s 6 months.

Original poster
Starsaboveus · 01/10/2020 16:04

He says he doesn't haven't the money to buy me out?! I offered to take a huge cut and have £3000 xx

OP posts:
fuckweasel · 01/10/2020 16:09

The process to get your name off the deeds and mortgage is 'Transfer of Equity'. He needs to be able to get a mortgage solely in his name. If he won't agree to buy you out, expect a long and drawn out process (speaking from bitter experience).

Cocomarine · 01/10/2020 16:09

If he has £200K minimum of equity (deposit) in the house, then I am as certain as I can be (as a stranger reading basics on the Internet!) that in remortgaging to buy you out, he could raise the £10K required.

Unsure33 · 01/10/2020 16:10

If he pays the mortgage and you want out why not draw something up with a solicitor to say it’s trf into his name but you agree to have a percentage of the house if it’s ever sold in the future . Don’t give up your share altogether unless you are really desperate to leave ?

comingintomyown · 01/10/2020 16:13

In this situation many years ago it was down to the bank to allow me to come off the mortgage and I had to wait a while as they weren’t satisfied with my ex as sole name due to his low earning

ChaChaCha2012 · 01/10/2020 16:19

Does he have sufficient income to have a mortgage based on his income alone? The lender will do a new financial assessment before allowing him to do so.

katmarie · 01/10/2020 16:19

We have just been through this process with dh and his brother who owned a mortgaged house together that bil wanted out of. We had to get a mortgage to buy him out of his share, even though it wasn't a huge amount because we could t afford to just pay that in one go. The solicitors charge for that was about £600 each give or take. Our mortgage company couldn't proceed until bil signed to confirm he'd had legal advice, and his solicitor had to provide confirmation too.

If you are married you definitely need legal advice, and even if you're not, if the reason you haven't contributed to the mortgage is because you've been raising his child, then again, you need legal advice. Don't talk yourself out of what you are entitled to. You have contributed to him being able to do his job and be a father, by virtue of cutting your own earnings. That should be respected.

2bazookas · 01/10/2020 17:09

@Starsaboveus

How do I go about seeing a solicitor with no money, I'd have to ask him for some and I don't think he would afford it or agree xx
No choice, you both have to see a solicitor .

If you want the house and mortgage to be in Ex name only, you have to obtain Ex's agreement; and BOTH of you will need a solicitor to advise you and make the arrangements on your behalf.

Ex will be just as keen as you to remove your name from the property titles, so you (and your descendants) have no future claim on it.

Emeraldshamrock · 01/10/2020 17:13

It is a tough one. I know in Ireland you won't get any HB if you are a mortgage home owner even if separated.
Is there a free legal advice service through citizens advice?

Pumpkinnose · 01/10/2020 17:14

You either sell the house or he buys you out. You’ll need to go see a solicitor.

dworky · 01/10/2020 17:37

You'd be mad to walk away with nothing. You couldn't contribute because you were looking after his child.

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