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Divorce/separation

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Coming off the title deeds

8 replies

BloodyMiserable · 08/10/2020 07:19

Ex-P & I are separating & own a house together (jointly/equally on title deeds). We have 2 primary aged DC & I am the primary carer.

He may buy me out if he can raise enough mortgage. I am not in a position to buy him out, so may rent or try to buy something else with my share of equity.

I'm wondering how it works & how long this process takes?

I'm panicking that I can't buy as I can't offer on other properties until my name is off the mortgage/title deeds, but at the same time I don't want to find myself chucked out one day & the locks changed!

Any advice?

OP posts:
Oneandzero · 08/10/2020 07:22

Just come through this
Straightforward
But you just be able to prove you can pay mortgage on your own.

Your mortgage company will want you to engage a solicitor.

Total costs was £750 (south east)

frazzledasarock · 08/10/2020 07:24

When ex was removed from title deeds of our house my solicitor did it, ex had to sign to have himself removed then I had to remortgage under my sole name to have him taken off the mortgage.

I wouldn’t try doing it on my own, as even with your name off the title deeds you’ll still be liable for the mortgage until your EXH takes on a new mortgage and remortgages.

BloodyMiserable · 08/10/2020 07:25

Thanks @Oneandzero - it's him buying me out as I can't afford to raise enough mortgage on my own.

Was it the other way round for you? (Ie you bought him out?)

OP posts:
zigzagbetty · 08/10/2020 07:28

You can keep the existing mortgage but the lender needs to sign the transfer and add words to reflect that one party has nothing to do with the mortgage. As above though it is simpler to remortgage, most people do it with the same lender. Definitely have a conveyancer do this if you are in any way unsure.

BloodyMiserable · 08/10/2020 08:06

So it looks like ex-DP needs to check with the existing lender if raise sufficient funds to take on the mortgage?

If that is possible, Then my name will be removed from the mortgage, so I can get my own mortgage?

And finally having my name removed from the title deeds once I have found somewhere else?

OP posts:
zigzagbetty · 08/10/2020 08:34

Its normally done as one application by the solicitor. So yes, your ex contacts the lender to either sort out the extra money if he needs to borrow to buy you out or to change the existing mortgage to his name only if he is buying you put with other money. He then uses those funds to buy you out and you both complete a transfer form and complete when he moves the funds over.

zigzagbetty · 08/10/2020 08:35

But goes without saying to get legal advise and don't rely on Internet strangers!

BloodyMiserable · 08/10/2020 08:47

Of course! I am getting legal advice as part of the process.

My main concern is being off the title deeds & being chucked out.

OP posts:
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