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

[Starsaboveus]

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

@dworky

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

I didn’t think OP has mentioned a child.

@Florencex yes she has - second post.

[quote Cocomarine]@Florencex yes she has - second post.[/quote]
Thank you.

🤦‍♀️

No worries

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

It can completely stuff you up here. A claimant's share of a property is disregarded for 6 months and this can be extended if the claimant can show that they're taking steps to sell it.

BUT if OP walks away with nothing and signs everything over to her ex, the DWP can treat her as though she still has the capital tied up in the property, under the "deprivation of capital" rules. If the estimate of £6k-10k is correct, it would reduce her benefits by up to £16pw, so no biggie, but if that estimate is low and the amount of her interest is £16k or more, she could lose her entitlement completely.

OP, you really need to see a solicitor about this, and possibly a benefit specialist as well if you will need to go onto benefits when you leave. The CAB or similar advice agency will be able to help you.

He will have to remortgage solo and you'll have to get removed from the deeds.

My H used to own his house on his own and we used a solicitor to add me to the deeds and they contacted the mortgage company on our behalf. They reran a credit check and that was that.

Think our legal fees and everything cost around £900. I presume it would be a similar process to remove someone provided you were taking anything from it?

Don't agree to walk away with nothing. You're essentially condemning your child to a harder life than they need to have. You're entitled to financial provision for your child, which will probably be a considerable proportion of the equity of the house. See a solicitor.

Op just incase you didn't get see the post above, you could be said to be deliberately depleting your assets by walking away..... And not be able to claim any benefits.
. What your partner or husband says is not worth anything.
If your in poor health relations with him he is hardly going to tell you the truth or infact know it yourself.

Deeds of trust are also not stone legal documents.

No court would leave you utterly destitute with a child because of a deed of trust. It's not how the law works.

I have done this, except with my sister. I got a mortgage to pay her half the equity.

Was a very straightforward process, but needed a solicitor and a remortgage.

Our solicitor said it was very easy with us, as he was used to waring couples.

I’ve done this three times. You need to transfer the equity to him using a TR1(?) form. First time I got back my half of the deposit we had put down, as we had only lived in it for 6 months before I left and my ex let the building society know that I was no longer on the deeds. Second time, same deal as I had enough in savings to pay him off with what he had contributed to the deposit - I had renovated the house at my own expense and I stayed in the house with the same mortgage company but had his name taken off. Third time I had to remortgage and use that to pay third ex off. I’ll never own a house with another person again! You do need a solicitor though but as I recall if he’s not having to remortgage and can buy you out using separate funds, it will only be the TR form that needs their involvement I think.

Do not walk away with nothing. That could cause major problems down the line for you.
Do you have house insurance with legal protection. Call them up and ask. You might be covered for a consultation.
Otherwise CAB maybe able to help.