Is it possible to transfer ownership of a property whilst the mortgage is still being paid?
Vicky from Glasgow
Legal questions and answers
Is it possible in Scotland to transfer the ownership, or better known as a Quitclaim, of a property to family member whilst someone else within the family is paying the mortgage?
Assuming that what you mean is that you are wondering if you, as joint proprietor of the property could transfer your share to a third party, without remaining liable for the mortgage, it is possible but you would require obtaining the consent of your lender to what you propose.
However, I would expect that the lender would wish to assess the transaction and the parties to it from scratch and it would be treated as a new loan. This could mean that any beneficial rate that you currently have for the mortgage will no longer be available.
If you were to go ahead and transfer your share of the property to a third party without obtaining the consent of the lender, firstly you are likely to be in breach of the terms of your mortgage which could, theoretically at least, result in the lender requiring repayment of the loan and, secondly, you would remain liable on the loan even though you no longer owned a share of the property.
Ready to get quotes?
Compare conveyancing fees from up to 4 solicitors
We've already helped over 2,272,115 movers
I found it really helpful to have a comparison of the costs and level of service for each firm clearly set out. It made finding a solicitor extremely easy, and I would not have been able to have got such good value for money without it
Bridgend, June 2018