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

Posted on 16 May 2013 by Natasha


I bought my mums 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?

Natasha,

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.

Regards,

Alistair

contact@johncharcol.co.uk

More than mortgages, talk to me about:
Financial Protection | Investments | Personal and Corporate Pensions | Home Insurance
General Insurance | Valuations | Conveyancing | Wills | Home finders

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.

We recommend you seek professional advice with regard to any of these topics where appropriate.