Options when house in positive equity

moneyhoney

Registered User
Messages
516
Hi all.

Would be grateful for views/options on this scenario.

Couple buy house together and split up shortly afterwards. Person A pays full deposit & spends considerable amount of money doing up house. Person B contributes nothing (or very little) and moves out of house.

Both people are on mortgage and deeds.

Person A now wants to remove person B from mortgage and deeds. Is there any way this can be done without person A having to go to expense of remortgaging? Is there anything legally watertight that could be used that would mean person B would have no claim on the property in the future, for example, if person A died?
 
I doubt a bank would let person A take over the full mortgage without remortgaging. Effectively what person A wants to do by getting the mortgage in their full name is seen by the bank as taking out a new mortgage. So the bank will assess Person A's income, expenditure etc etc. Person A will have to be assessed by the bank on their own right to see if they are deemed to have sufficient income to take on (effectively) a new mortgage for the full amount owed. And getting Person B's name off the deeds is just done hand in hand with getting that new mortgage. There have been things discussed on here before (search other threads especially the case studies at the top) about getting agreements drafted where Person B would agree to release their half of the house etc but never actually heard of anyone on here getting it done. However a solicitor would know. It's unlikely that Person B would want to sign up to something that removes their name from teh deeds but not the mortgage however! And if they consult legal advice there's no way their solicitor would let Person B sign up to this either. It's a worst of both worlds scenario for Person B!
 
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