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Removing a name from the house deeds, but not the mortgage?


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Hello all

 

Long story short.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290512-Uncle-has-gone-into-debt-am-I-and-my-father-at-risk

 

I co own a house with my uncle and father, so three names on the deeds/mortgage.

 

The uncle stopped paying his share of the mortgage in roughly October 2010

 

We didn't find out till April 2011, as he hid all the letters and intercepted all the phone calls

 

The house was at the stage of going to court for reposession

 

The uncle moved out in May 2011 and hasn't paid a single thing towards the mortgage since

 

We got lodgers in the house, to cover the mortgage and came to an arrangement with the mortgage (Santander) company through their solicitors, to pay off the 5k of arrears he racked up, which is going very well.

 

So, now I'm wondering if it's possible to have his name removed from the house deeds and if possible, the mortgage itself?

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Hello all

 

Long story short.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290512-Uncle-has-gone-into-debt-am-I-and-my-father-at-risk

 

I co own a house with my uncle and father, so three names on the deeds/mortgage.

 

The uncle stopped paying his share of the mortgage in roughly October 2010

 

We didn't find out till April 2011, as he hid all the letters and intercepted all the phone calls

 

The house was at the stage of going to court for reposession

 

The uncle moved out in May 2011 and hasn't paid a single thing towards the mortgage since

 

We got lodgers in the house, to cover the mortgage and came to an arrangement with the mortgage (Santander) company through their solicitors, to pay off the 5k of arrears he racked up, which is going very well.

 

So, now I'm wondering if it's possible to have his name removed from the house deeds and if possible, the mortgage itself?

 

If you are in the same financial situation as you were in your earlier posts, the answer is no, you won't be able to remove him from either the house deeds or the mortgage.

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No, we're in a much better financial situation now, it's not perfect, but with the two lodgers we have in our home, it covers the bills and mortgage completely, with an excess afterwards.

 

So we still have disposable income afterwards

 

I'm guessing we'd have to remortgage to get his name off?

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No, we're in a much better financial situation now, it's not perfect, but with the two lodgers we have in our home, it covers the bills and mortgage completely, with an excess afterwards.

 

So we still have disposable income afterwards

 

I'm guessing we'd have to remortgage to get his name off?

 

If you are still on benefits you're not likely to obtain anything other than a subprime mortgage - and those are to be avoided at all costs.

 

Your difficulty is that even without making any financial contributions, your uncle still has a share of the house. What was the division when the property was purchased? You may need to offer him an incentive to sign over his share, or relinquish his share given that he no longer lives there. But, even if he does that, the mortgagee is unlikely to allow him to be removed from the mortgage unless you and your father can financially support the mortgage with your income.

 

There is no harm in discussing the matter further directly with your current mortgagee - though if you still have any arrears you should wait until they are cleared and remain cleared for at least 6-9 months before applying.

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Thanks very much Lea, if anything, this has cleared up some confusion for me, so many thanks.

 

Forgot to add, as for the share, there's nothing written down anywhere, other than it's a tenancy in common share (as it says on the deeds)

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Just one thing: as tenants in common, none of you have the right to exclude any of the others. Everyone has a right to reside in the property. You should really seek to resolve this matter once and for all by seeing a solicitor.

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Yea, I figured as much, which is why I was trying to find out if we could remove him.

 

We didn't force him out, though, he moved out on his own accord after my father "suggested" he do so, given that he wasn't paying anything towards the mortgage.

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