We are both named on the deeds but the mortgage is in my name only. Can I remortgage without the other parties permission?

Posted on 16 May 2016 by Natasha

I bought my mum's house back 10 years ago. We are both on the deeds but the mortgage is in my name and I pay it by myself. Can I remortgage without her permission?

Mother's name on deeds but not on mortgage

I'm surprised that the lender allowed the mortgage to be in your sole name, despite the title deeds being in joint names.

Unfortunately, I'm not aware of any lenders who would be happy to grant a mortgage under the current arrangement. The main reason is that if your mother is on the title deeds but not on the mortgage, then it would be impossible for the lender to take posession of the property in the (unlikely) event that you defaulted on the mortgage.

The bottom line though is that even in the event that we did have a lender who be happy with this scenario, they would be unlikely to proceed without confirmation that your mother had taken independent legal advice, before agreeing to let you remortgage the property.

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