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Old 21-03-2011, 01:35 PM
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Default question about ex partner

Hi,
Hopefully someone can help I bought a house with my ex a few years ago. We've recently broke up and she's transferred the mortgage direct debit to her sole account. Could this give her leverage to get me taken off the mortgage in future?
Regards
Mike
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Old 21-03-2011, 04:33 PM
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Default Re: question about ex partner

In the experience and knowledge i know is she can't legally take you off the mortgage without your say so.
My mum wanted to take my dad off the mortgage and was advised to offer a token gesture deal to basically buy the mortgage responsability off him.

But years i later found out that technically his name wasn't taken off to which aided my mother when he died in 2004 and they took out a mortgage insurance and the mortgage got paid off (basically).
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Old 22-03-2011, 10:05 AM
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Default Re: question about ex partner

Quote:
Hi,
Hopefully someone can help I bought a house with my ex a few years ago. We've recently broke up and she's transferred the mortgage direct debit to her sole account. Could this give her leverage to get me taken off the mortgage in future?
Regards
Mike
Do you want to come off the mortgage?

The property will most likely be held by both of you so you would have to transfer your share in the property to her and your signature is needed for that.

The lender will normally also have to consent tot he transfer and release you form your obligations. Until then your are released and you have transferred your share to her you are still liable even if she defaults.
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RICHARD WEBSTERwww.rwco.co.uk
As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
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Old 27-04-2011, 01:54 PM
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Default Re: question about ex partner

Quote:
Originally Posted by Richard Webster View Post
Until then your are released and you have transferred your share to her you are still liable even if she defaults.
This is a common trap, so be very very careful of this - you both need to ensure you have a proper transparent agreement in place relating to how the mortgage is paid and the share of the property is divided.

Your partner may be under the mistaken impression that paying for the mortgage entitles them to the property, which is absolutely not the case while your name is on the deeds.

Conversely, if your partner defaults, this can land you in series hot water. I had a friend caught out like this when she let her ex stay in their old property and defaulted. She ended up having to declare bankruptcy.
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