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Need advice on getting rid of half share in house (complicated situation)

28 replies

TheArmadillo · 23/01/2010 15:02

I own a house jointly with my mother. There is a mortgage on this house in our joint names (though no idea who with, what rate or any other info).

I know there is different types of jointly owning a property and that in my case it is of the type where if, say, my mother died, she could leave her half to whoever she had nominated (I think it's my sister) rather than it passing to me. Same if I died I could leave it to e.g. ds rather than it going to my mother.

I want to get rid of this half share. I don't care about getting any money from it but it is a legal tie to my mother and also would cause me problems if e.g. I was made homeless etc (as I am in a privately rented property that my landlord is planning to sell this could potentially happen in the future - although obviously I would seek out any other options first).

The complicated bit comes in that I do not wish to have any contact with my mother. But I do wish to have my half of this property not in my name. I don't want money from her or to force her to sell it (she rents it out atm - she also owns her own house. I get nothing from her renting it out).

My mother does not want to do this as she believes it is easier for her to get a mortgage with my name on it, rather than solely with her name (and income) taken into account. I also have no idea what she declared my income as (I work part time in a just above minimum wage job). Plus it gives her control (in her mind anyway) over a part of my life. Something she does not want to relinquish.

The mortgage was taken out for £100,005 with the extra £30,000 of the price being paid for by my mother. That was a few years ago and she has I am sure remortgaged since then so not sure how much the mortgage is for now. The house is almost certainly not in negative equity (as house prices there have stayed relatively stable if not increased and whatever else she may be my mother is very good with money).

How would I go about getting rid of my half of house. As I have said, I am not bothered about any money from it, I just do not want to own it. Also I have no money to pay solicitor or similar so don't know if that would be a problem. Plus my mother is likely to be extremely resistant to the whole thing.

Have I any chance?

OP posts:
Metatron · 23/01/2010 22:14

The mortgage company require who ever is named on the mortgage to be able to afford it. armadillos mother has to be able to afford it and they both have to sign all the papers relating to the transfer.

if armadillos mother cannot afford it the mortgage company will not agree to her being solely responsible for the debt because at the moment they have two people who are responsible. if that is the case either a forced sale would have to take place or a remortgage with a diff mort co who does think arm's mother can afford it with both arm and her mother engaging solicitors to carry out the transfer of equity to allow arms mother to remortgage in her name only.

Jux · 24/01/2010 17:35

Presumably, though, Armadillo could sell her half to whoever she wanted to, not necessarily her mum? Would her mother have to be involved in that?

Metatron · 24/01/2010 17:51

even if she sold her half she would still have the problem of the joint mortgage debt. the existing mortgage would have to be redeemed and a new one applied for with the new joint owners names on it.

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