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How do I take a name off a joint mortgage?

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  2. Legal questions and answers

Question

My daughter wants to take her sister's name off a joint mortgage. What is the process for this and how much might a solicitor charge?

Answer

In order to proceed with this, the individual who is to remain on the mortgage account must apply to the lender for consent in order to transfer the mortgage.

This will usually involve a process in which the lender will assess whether the proposal meets their lending criteria. Assuming it does, a consent to transfer instruction would be issued which would be sent to the solicitor. This would contain the legal requirements set by the lender to enable the transfer to complete. It would then be a case of the solicitor working through those requirements and arranging for a Transfer Deed to be signed by both parties in order to remove sister from the legal title and the mortgage account.
 
Legal fees for this type of service would be £300 plus VAT of £60. There would be additional search fees and Land Registry costs which would depend on the nature of the individual transaction.

We would be able to provide a fixed fee quotation if you are able to contact us so that we may take full details for your case.


Richard Prust, Watson Woodhouse Solicitors LLP

Alex Riordan

Alex Riordan

Watson Woodhouse Solicitors LLP

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Comments (15)

  • Alexandra

    posted on 11 Sep 2017

    I have mortgage with my ex boyfriend I want make one name on mortgage but I'm not sure what I need to do. I don't know whether to keep my name or remove it from mortgage. Can you give me any advice please? Many thanks Alexandra.

    Reallymoving response

    Hi Alexandra,
    As mentioned in the article, once you have decided who is going to keep the mortgage, the person keeping it has to apply to a lender to transfer the mortgage over to them. In terms of deciding whose name remains on the mortgage, that depends on who wants to remain in the house, and who can continue to pay the mortgage repayments by themself. You may also need to consider buying your ex-partner out of the property.
    Good luck, reallmoving

    Anita Karra

    posted on 8 Dec 2017

    I have a joint mortgage with my ex husband. I moved out with my 2 daughters in 2015 and I do not pay the mortgage I have asked my ex to buy share of the property and give me my share. Or sell the property and split the equity. He keeps ignoring me and refusing. Which means I can't buy my own home to provide a stable home for my daughters. I can't afford extortionate legal fees can I progress with this myself by applying to remove my name and get my share. I'm fed up.

    Stacey

    posted on 6 Jun 2018

    Hi, thanks for the article, what are your options if the person who will remain on the mortgage refuses to go through the process?

    Reallymoving response

    Hi Stacey,
    That is a common problem and can be quite complicated. We'd recommend talking to a solicitor about this, or perhaps checking the forum.

    All the best,
    the reallymoving team

    Paula Davis

    posted on 2 Sep 2018

    When we took out the mortgage I got a solicitor to put in that the flat was 100% mine we are not together anymore but we still live in the flat I would like to take his name off the mortgage.

    Reallymoving response

    Hi Paula,

    You will need to talk to your mortgage lender about whether they are happy for you to take over the mortgage alone, and if you can afford to do so. It's worth talking to your solicitor about your ex-partner's ownership because as he has presumably been paying part of the mortgage, he may be entitled to part of it, under beneficial interest.

    Best of luck, 
    reallymoving

    Alex

    posted on 20 Sep 2018

    Hello. I am the party leaving the property and need my name removing from mortgage. My ex partner has already been accepted as a only borrower by the bank and has his solicitor who quoted him £300 on his side which seem fair based on your information. Bank requires me to also be represented and I've been quoted £200. Is this not too much, since it's my ex partner's solicitors who are doing most of the work?

    Gina Bunting

    posted on 8 Dec 2018

    I firstly want to say this forum is very informative My daughter and her boyfriend went for a share to buy property and pay half rent and half a joint mortgage The relationship broke down and my daughter is now at home and continues to pay rent/mortgage. The boyfriend has refused to approach bank regarding being assessed to be the sole mortgagee. It has now been 3 months of paying and daughter is unable to move on to independence Please can you advise

    Reallymoving response

    Hi Gina,

    Sorry to hear about your daughter's difficult situation. If your daughter's ex-boyfriend wants to take over ownership of the flat, it may be that your daughter will have to buy him out. Either way, she should register with the mortgage provider and possibly any shared ownership officials that she is no longer in the property and wants to be taken off the mortgage, deeds and agreement.

    This transfer of equity will need to be done by a solicitor who can take her name off the deeds, but if the ex isn't responding at all, that may cause issues. Hopefully by talking to a solicitor you could figure out the next stage for your daughter.

     

    Jordanhawkins

    posted on 6 Mar 2019

    Hi I took out a mortgage with my father and brother for my family so we could buy a house and this was to help them out but it is now effecting me on buying my own house when would I be able to have my name taken off the mortgage and what fees are involved

    Reallymoving response

    Hi Jordan,

    You're looking for a transfer of equity - as long as your brother and father can handle the mortgage payments without your contribution, it shouldn't be too complicated.
    We don't offer this service, but we'd recommend looking at our sister site The Law Superstore as they have a more in depth article about equity transfer and the associated costs.

    Marie Jones

    posted on 2 Apr 2019

    Hello. Thank you for the very helpful article. I have a joint mortgage (buy to let) with my boyfriend. We’d like to transfer the property and mortgage into my name as I would like to keep it as a future investment and my boyfriend doesn’t. I understand this would be a transfer of equity and I would owe him what money he has already put in and any extra the property has increased by. I wondered whether this money would have to be cash from me or can it be taken from the deposit / mortgage that we have? Many thanks. Marie

    Reallymoving response

    Hi Marie,

    You and your boyfriend can arrange how the money will be paid to him, and you can sign something to ensure it's all legal. However you wouldn't be able to release it from your deposit, as that is in the equity of your property, and the mortgage is a debt on the property that you're paying off, so you wouldn't be able to release funds. The only way that would happen is if you sold the property, gave the amount owed to your boyfriend, and then bought another place.
    If you are keeping the property, he won't be able to take money out from it.

    all the best,

    reallymoving

    Paulina

    posted on 13 Jul 2019

    Hi
I have mortgage with my ex partner and I would like to make one name on mortgage. I want remove my name from the mortgage. What happen with deposit and money which I paid each month for mortgage? We chose Tenants in Common in equal shares 50/50.

    Reallymoving response

    Hi Paulina,

    You'd need to arrange a transfer of equity with a solicitor, to remove your name from the deeds and arrange a transfer of your half of the deposit and any other amount to essentially 'buy you out'. When it comes to mortgages it's more complicated, as your lender will have to agree that your ex-partner can take on the mortgage alone.

    You'd need to talk to your lender, and then find a solicitor for a transfer of equity.

    Kind regards,
    reallymoving

    Removing my name form mortgage

    posted on 21 Jul 2019

    Hi I'm wanting to remove my name from a joint mortgage with my sister next month thing is it's an interest only mortgage, will this be an easy process.

    Jack

    posted on 24 Jul 2019

    My Gf's mother left his dad when she found out he developed a disease that disabled him, her name is on the mortgage and she left him with 2 kids to raide, now 10 years later we want to know if she is entitled to half the house when her dad passes. If so we want to remove her name so she doesn't get the house and kick the kids out. How would we go about doing so? Without having to pay her out as he's very poor because he can't work. Thanks in advance!

    Reallymoving response

    Hi Jack,

    Transfers of equity can be a little confusing when it comes to things like this. If she has a name on the mortgage and the deeds, legally she has a stake in the house. However this can also be complicated by whether they were tenants in common, the fact that she hasn't paid the mortgage in over ten years, and whether he remarried, when it comes to inheritance. We would recommend speaking with a property lawyer regarding these matters.

    Kind regards,
    reallymoving

    jay

    posted on 19 Aug 2019

    Hi i have a joint mortgage with my ex partner. he wants his name off the mortgage with no share of the equity. can this be done

    Reallymoving response

    Hi Jay,

    This will legally still be called a 'transfer of equity' agreement, even if your ex-partner does not want anything from the property. You can compare solicitor fees for this service on our sister site The Law Superstore.

    Your mortgage lender will also have to confirm that they are happy for you to take sole responsibility for the mortgage and that you are financially able to do this.

    We wish you the best of luck,

    reallymoving

    Rebecca

    posted on 22 Aug 2019

    I am coming out of a joint Mortgage. We are needing to go through the transfer stage and he will remain on the mortgage. My question being if he is accepted is it as straight forward as i am no longer on the mortgage and he can throw me out? or would i still need to sign something to hand the house over after the transfer ? as would my name be still on the deeds ? 

Many Thanks

    Reallymoving response

    Hi Rebecca,

    It's two different processes - your mortgage lender would have to confirm you can come off the mortgage and that the person remaining can take on the financial burden of affording the monthly payments.
    The transfer of equity would be done by a solicitor so you would need to sign over your ownership rights and your name would be taken off the deeds. You can find out more at our sister site, The Law Superstore.

    Adriana

    posted on 28 Aug 2019

    Hi

My husband and I have broken up.
We have a house which mortgage is on our both names.

We have another property where we rent rooms.

He said he would let me sell the house we live and the money from it would then be mine.

By selling the house and paying the mortgage off I probably would be with some money, but maybe not enough to get a place by myself 

He said that after selling the house he would then take my name off the mortgage from the house we rent...

What shall I do? Can be that simple just selling the house and keep the money if he is offering it?



    Reallymoving response

    Hi Adriana,

    With regard to selling the property, that's simple and straightforward. You should get something in writing regarding who will take the proceeds of the sale if the property is in both your names. Your divorce solicitor will be able to help with this separation of assets.

    When it comes to the rental property it is probably easier to take your name off the mortgage, as it is not dependent on you providing an income to pay the mortgage. As such you would have to sign to confirm the mortgage would no longer be in your name.
     

    Elaine cooney

    posted on 22 Oct 2019

    Hi

I brought a joint mortgage with my ex partner and now would like to have my name taken off. He told me that for me to get my name off the mortgage it will cost me £8000. I would just like to know where he is getting this figure from? Or if he just trying to put me off getting my name off the mortgage ? I would also like to know roughly how much it does cost to have your name removed from a mortgage ? Thank you

    Reallymoving response

    Hi Elaine,

    You can find out more about the cost of Transfer of Equity on our sister site The Law Superstore.
    There are two separate issues here - having your name taken off the deeds to the property, which would require a conveyancing solicitor, but also approval from the mortgage lender that you can be removed. This depends on your ex-partner being able to afford the monthly payments on his own.

    We wish you the best of luck with this,
    reallymoving

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