Posted on 14 March 2011 by Philip Bell
My partner moved out over a year ago and until a couple of months ago she had continued to make her payments to the joint mortgage we currently have. I have consulted my solicitor who says that she is entitled to half the cost of the house when sold, and also that she does not have to continue to pay the mortgage. I would like to re-mortgage the property which will automatically remove her name from the title deeds. Is it legal to do so, and will it mean that she no longer has a claim on the house?
I would take a second opinion on the legal advice you have received about your partner's responsibility to maintain the mortgage payments. As far as I am aware, so long as she is named on the mortgage she is bound by the covenants she gave to ensure payments are made regardless of where she is living.
You can not remortgage the property without your partner's signature unless you have a court order. Your Solicitor will advise you how likely you are to get one in your favour.
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