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Owner subject to mortgage

4 replies

GMLLRR · 28/03/2022 20:56

In the process of arranging a consent order as part of divorce proceedings. The other parties information for a consent order states their basis of occupation of property as 'owner subject to mortgage'

Could anyone help me understand what this means?

TIA

OP posts:
itsanothernamechangeforme · 28/03/2022 21:28

It just means that they do not own the property outright, and that there is an outstanding mortgage with a charge on the property.

GMLLRR · 28/03/2022 21:43

Would that be a mortgage in exes name or doe this mean that someone else has taken out the mortgage?

TIA

OP posts:
itsanothernamechangeforme · 28/03/2022 23:36

Couldn't answer that. I'd say more context is needed but perhaps somebody more knowledgeable can assist?

maxelly · 29/03/2022 12:28

If he's the owner of the property then it's unlikely it's a mortgage in someone else's name (banks don't usually allow Person A to take out a mortgage on a property that belongs to Person B). However it's possible he's a joint owner of a mortgaged property with someone else (a new partner or a relative perhaps?) - the usual scenario is that both the ownership of the property and the mortgage is shared and so he will only truly own his 'share' of the property, whether that's 50% or more or less, after the mortgage is paid. So if he owned 50% of a £200k house with a £100k mortgage, he would only actually have £50k capital available rather than £100k or £200k, if that makes sense?

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