taking a name off the land registry deeds

[julzg72]

I want to take my name off the land register..my husband and I have a joint mortgage and both r names r on the land register..can itake my name off the land register deed certifcate whilst still being joint on the mortgage?..I have the forms from the land registry the tr1 and the ap1 and also the id1 form could you please help?

[Henry2002]

These documents have a legal implication therefore a Solicitor would be required to ensure you implement correctly.

[Ethel]

No you can't, for the simple reason that a mortgage is secured against the property.

You cannot secure a mortgage against property you don't own.

If your husband can satisfy the lender than his income is enough to repay the debt, then your name could be removed from both the mortgage and the Title Register (the deeds). There will be costs involved if you both choose to do this.

[julzg72]

the mortgage is based on his wages alone anywhy...we spoke to the lender and they said if we get a sloicitor to fill out the land reg forms they would agree to me coming off the land reg and staying on the mortgage.

[Ethel]

Well in that case you know you can and I don't know why you asked.

It is highly unusual - if the house has to be repossessed, there will be no contract between you and the lender, and it will make it nigh on impossible for them.

[julzg72]

why..im still tied to the house through the mortgage contract

[buildersmate]

Not if you come off the mortgage as well, which is what Ethel said in the first place would have to happen.

The two are tied together. In the event that the mortgage company does let you do this, they will require you to sign some form of indemnity that allows you to be evicted in the event that your husband defaults on the mortgage. Otherwise it is left in the position of not being able to repossess the house with you still in it, not tied to the mortgage contract. That is what the mortgage company will be saying it wants you to get cleared through a solicitor - it wants to be sure you've been properly advised about this.
I don't understand why you'd want to do this either - lots of potential pain for no apparent gain.

[julzg72]

none of your buisness why we want to do it..i've sort a solicitor this morning and it can be done. what pain r u talking about i only asked a question

[Schutzengel]

There is no need to be so rude to Buildersmate, when he is doing his best to help you. I doubt if you will get much help on this site if you continue with that attitude.

[buildersmate]

That's fine - happy to add you to the (short) list of people's questions that I ignore.

[julzg72]

thats cool u sados i only come on for one question.
it was u lot who started getting snotty in the first place with... "Well in that case you know you can and I don't know why you asked." quotelgot nothing beta 2 do then on the computa allday...

[bednobs]

but it's a valid point! if you already know and have the answer then why ask here only to moan at the replies yu get

[julzg72]

I only found out the answer after i posted the question..do ulot really think your the ony advise website