Not on the mortgage but on the title deeds - rights?

[Murran]

My bofriend's and his ex bought a home together 5 years ago and contributed jointly to the mortgage. Unfortunately the mortgage is in his ex's name only but the title deeds have both their names on. My BF gave up work to look after their baby daughter for two years to allow his partner to work through a management training program. Now that they have been apart 18 months, he has asked her to either sell the house or buy him out as he needs the money he has invested to start a new life. She has advised him that she has taken his name off the deeds and he has no right to anything from the house. Does anyone know if this is the case? Thanks.

[dzug]

Sounds garbage to me. She can't 'take his name off the deeds' without his agreement and if she's managed to do so has committed fraud.

A bit tongue in cheek this next bit but as his name is on the title deeds he is entitled to half the value of the house. As he is not on the mortgage he has no responsibility in relation to that so doesn't have to contribute towards paying it off.

[Golden Shred]

Deeds have long since been done away with, it is the Register at the Land Registry which counts now. To see the Registered name(s) of the proprietor(s) of the property click http://www.landregisteronline.gov.uk/ and follow the instructions. You only need to see the Register and you can make a copy to keep.

[dannydingbat]

I have posted this type of information countless times but .....you cannot have different names on a mortgage other than the names of the people who own the house. It is impossible for someone to agree to borrow money against the security of a house they do not own.

[Mrs_Pegasus]

Dannydingbat

I bought a house in 1999. The mortgage was in my name only and the house was in joint names. Therefore, what you are saying is incorrect.

[lady_p_gold]

You can be the joint owner of a property and not be on the mortgage ... I know because it nearly happened to me without my knowledge as I was buying a house with someone and the mortgage was going to be in his name only. He was a very high wage earner and I was a very low wage earner at the time. As previously stated she cannot take his name off the deeds without his consent. He has every right to something from the house she is calling his bluff.

[dannydingbat]

To all those who believe that you can own a house and have a mortgage in names other than the owners, TAKE LEGAL ADVICE. It cannot happen IN LAW. If it has happened because of sloppy legal work and inaccurate checking, untold legal problems could be caused to you and remove your rights (and money).

[Golden Shred]

May I just add a comment. What Lady P says is correct. Years ago it was possible for a joint owner to mortgage a property without the knowledge of the other owner(s). However, two things have happened since (1) all registered land proprietors are on the Land Registry computer so that is only a couple ofclicks to see the name(s) of owners, and (b) there was a very important case that established that if the other owners do not know of a loan or mortgage or transfer of equity then the lender is liable for damages to them, and a whacking great sum was awarded. The consequence is that to avoid this liability where there is transfer of equity, loan or new mortgage lenders now require all parties to appoint a separate individual solicitor to protect their interests and ensure that everyone understands and knows what is going on, and will not move until this has been done and the solicitors certify that everyone understands.

[Trettie71]

I am on the mortgage of the property I shared with ex husband but not on the land registry deeds (a condition of our divorce was I signed over in exchange for payment as he couldn't afford to buy me out). I have asked him to sell the property as it is preventing me from getting a mortgage. He is refusing to sell. I have since found out he is letting the property which he is not allowed to do as it's a primary home and it would be n breach of the contract with the mortgage company. If I were to tell them would they force him to sell? If the property were sold into negative equity would I be responsible?
Thanks.