Can someone take my name off a joint mortgage without my permission?

Answered on 6 November 2018 by Nick Morrey

I split with my ex around 3 years ago. We still have a joint mortgage on a property we purchased in 2005, with about £15k equity now. As we have a child together I have absolutely no intention of forcing anything with regards to the house until he is an adult. Can I ask where I stand legally going forward though? She is stating that she can just have my name removed from the mortgage and therefore I would be entitled to no equity. Also that she is planning to build an extension, can any of this happen without my permission?

Taking a name off the mortgage without permission

The short answer is 'no'. If the mortgage and property is in joint names, then your signature will be required to remove you from the mortgage, and even if you were in agreement, the lender wouldn't allow it unless your ex met their standard lending criteria to afford the mortgage in her sole name. If she doesn't need to borrow any additional money against the property, then she could possibly build the extension, however if she needs a further advance, then it would need joint signatures.

Removed from ownership of property 

There are occasions where you could be removed from the ownership of the property, but still be left on the mortgage, however again there's a fairly lengthy legal process to be observed first.

I'd suggest that you get some sound legal advice to see precisely what your position is, and how best to move forward with the minimum of fuss and hassle.

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

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