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house deeds
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My friend has been living with her partner for 15 years,They have 3 children. Five years ago they purchased a property together, (all the deposit was paid by her) but only his name is on the deeds. They are having domestic problems, the morgage has not been paid for 8 months and her partner has moved out. The house will be repossessed on 11/1/05. Is it possible to get her name in the deeds? Basically, what can she do to keep her home
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1. In order to keep a roof over her head she will need to make sure that the monthly mortgage installment is paid, and that the arrears are reduced. The mortgageees may agreee to terms, or she can apply to the court within the possession proceedings.
2. To get the house trransferred inot her name she will need the active agreement of her ex partner, or a court order, which is by no means certain to be granted, and may be messy and expensive to pursue, and then to be able to satisy the existing mortgagee that they will be content to have her as the borrower, ie that her income will support the mortgage, or to refinance with a new mortgagee. In either event there will be fees to be paid.
3. The unasked question is how much of the value of the property is she entitled to, and how much is her ex partner entitled to. This will all depend on what was agreed at the time of purchase, or what is fair in all the circumstances. Although she provided the deposit he has supported the mortgage.
4.She needs to consult a solicitor who understands these matters
1. In order to keep a roof over her head she will need to make sure that the monthly mortgage installment is paid, and that the arrears are reduced. The mortgageees may agreee to terms, or she can apply to the court within the possession proceedings.
2. To get the house trransferred inot her name she will need the active agreement of her ex partner, or a court order, which is by no means certain to be granted, and may be messy and expensive to pursue, and then to be able to satisy the existing mortgagee that they will be content to have her as the borrower, ie that her income will support the mortgage, or to refinance with a new mortgagee. In either event there will be fees to be paid.
3. The unasked question is how much of the value of the property is she entitled to, and how much is her ex partner entitled to. This will all depend on what was agreed at the time of purchase, or what is fair in all the circumstances. Although she provided the deposit he has supported the mortgage.
4.She needs to consult a solicitor who understands these matters