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How do I take a name off a joint mortgage?

  1. David from Skelmersdale
  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 (6)

  • 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.

     

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