ChatterBank2 mins ago
Legal Advice Required Re: Change Of Name On Title Deeds.
Hi, I need some help with a scenario regarding changing the name on the title/mortgage deeds for my property - which I was wrongly advised to put in my partners name due to my not being in employment at the time.
Any help/advice in this area would be greatly appreciated.
Thanks in advance, DebsyDoo.
Any help/advice in this area would be greatly appreciated.
Thanks in advance, DebsyDoo.
Answers
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IF your partner is in agreement AND there's no longer a mortgage on the property, the process involves nothing more than a bit of form filling. It's either form TP1 or form TP2 from here
https:/
but you'd still need a solicitor's help to ensure that everything is in order.
Otherwise things could get very tricky. Firstly, you'd need the consent of the lender if there's a mortgage on the property, as the loan has to be the name of the person who legally owns the house (in order to provide security against the loan). Then, if your partner isn't willing to play ball, you'd need to go to court to prove that you have a beneficial interest in the property:
https:/
https:/
but you'd still need a solicitor's help to ensure that everything is in order.
Otherwise things could get very tricky. Firstly, you'd need the consent of the lender if there's a mortgage on the property, as the loan has to be the name of the person who legally owns the house (in order to provide security against the loan). Then, if your partner isn't willing to play ball, you'd need to go to court to prove that you have a beneficial interest in the property:
https:/
// Otherwise things could get very tricky.//
yup
Barmaid whom I silently adore, is very very brainy at this and may give the definitive answer.
She has previously said Title just gives the name of who can trade, buy and sell and the ownership is a matter of equity.
( so fr'instance if A get money from his uncle to buy a house then the equitable ownership is different to when A uses his own)
You are clearly in this category ( and so am I) - and not surprisingly the answer depends on the facts - and the ones you can prove if there is a er little dispute.
yup
Barmaid whom I silently adore, is very very brainy at this and may give the definitive answer.
She has previously said Title just gives the name of who can trade, buy and sell and the ownership is a matter of equity.
( so fr'instance if A get money from his uncle to buy a house then the equitable ownership is different to when A uses his own)
You are clearly in this category ( and so am I) - and not surprisingly the answer depends on the facts - and the ones you can prove if there is a er little dispute.
bloody hell the starbucks ref is just the one I need !
thanks all !
just a word - warning
this can get very expensive
I transferred equity successfully - hooray - but didnt make a CGT declaration for 15 y. for that transfer. (*)- extra tax and penalties £600, lawyers fee £3000.
(*) I did have cancer, come oooooon ! - shows automatic negligence, tax penalty NOT excused.
thanks all !
just a word - warning
this can get very expensive
I transferred equity successfully - hooray - but didnt make a CGT declaration for 15 y. for that transfer. (*)- extra tax and penalties £600, lawyers fee £3000.
(*) I did have cancer, come oooooon ! - shows automatic negligence, tax penalty NOT excused.
Hi all, just a quick apology for not responding sooner - not feeling too good yesterday.
To elaborate, situation is that I was allocated the property in 1985 by council. Started buying in 1994. Have re-mortgaged on a few occasions (to release equity) which was always done purely in my name. On last occasion, was informed to put the property in my partners name, as not being in employment, I wouldn’t have been able to get a mortgage. Property is still on a mortgage, but I now want my name [at least] added to the mortgage deeds, as I cannot even set up a direct debit to pay the monthly payment, as his name is not on the bank account that I pay it from (& have been doing so, for at least the last 10 years - on a standing order.) I am the one who pays the mortgage, he does not contribute to the mortgage payments, all of which can be verified by my bank statements, showing that. Very complicated, I know - but any help would be greatly appreciated. Thanks in advance x
To elaborate, situation is that I was allocated the property in 1985 by council. Started buying in 1994. Have re-mortgaged on a few occasions (to release equity) which was always done purely in my name. On last occasion, was informed to put the property in my partners name, as not being in employment, I wouldn’t have been able to get a mortgage. Property is still on a mortgage, but I now want my name [at least] added to the mortgage deeds, as I cannot even set up a direct debit to pay the monthly payment, as his name is not on the bank account that I pay it from (& have been doing so, for at least the last 10 years - on a standing order.) I am the one who pays the mortgage, he does not contribute to the mortgage payments, all of which can be verified by my bank statements, showing that. Very complicated, I know - but any help would be greatly appreciated. Thanks in advance x
where oh where is Barmaid?
Had a look - liked Stack v Dowden a lot
I have to say that it looks as tho you cant change title without discharging the mortgage first (!) - and get thro the questions: 'How did you get into this in the first place? ' In the back of their minds will always be the question: "when we have changed it all, will someone stop paying the mortgage and tell us all to go hang?"
( the last bit isnt a question of law, but more like how bank clerks seem to work from day to day. Yesterday I had a questionnaire from The Haifax - how much do you love us?)
Had a look - liked Stack v Dowden a lot
I have to say that it looks as tho you cant change title without discharging the mortgage first (!) - and get thro the questions: 'How did you get into this in the first place? ' In the back of their minds will always be the question: "when we have changed it all, will someone stop paying the mortgage and tell us all to go hang?"
( the last bit isnt a question of law, but more like how bank clerks seem to work from day to day. Yesterday I had a questionnaire from The Haifax - how much do you love us?)
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