Are you ok? Seriously, that’s a very blunt and hurtful comment to make. Is everything ok with you?
Mortgage providers will generally not allow the names on the mortgage to be different from the names on the title deed. In a theoretical world where they did, imagine this:
- Flat/house is owned by Jane, i.e. her name is the only one on the title deed
- I take out a mortgage on the flat in my name only: a mortgage is a loan where the property is the ‘security’, meaning that if I don’t pay back the loan, the bank can take ownership of the security (and thereby recoup some/all of the money owed to them)
- I decide not to pay back my mortgage
- The bank now says, “ok, we’re taking ownership of the flat you used as security for the mortgage”
- Jane says, “no way are you taking my flat. jzw95 has no ownership of it, so they couldn’t have promised it to you, it’s not theirs to give. I don’t have a contract with you, so you have no right to seize my property, I’ve not done anything wrong”
- The bank walks away empty-handed
That last step is what all lenders try to avoid. And for this reason, they require that everyone named on the mortgage is named on the title deed (and vice-versa). I don’t think you can even set things up where there are three of you on the title deed, and one person has the full amount for their third of the property, so the mortgage is only in the names of the other two people. The bank would want all three people on the mortgage, even though the first one has paid their third of the purchase price.
As mentioned previously… ask a solicitor… not a bunch of randoms on the internet.
Whilst I don’t advocate anything that PPUK said, i’m slightly curious as to why you think his/her name is James
There’s no mention on his/her profile to suggest a name
I assume thats from digging. The ref was from this where they were also being a dick to someone else (post since removed) and using their name at the end of the sentence. There’s a place for the frankie boyle humour but it’s not on a bank forum, it just looks aggressive rather than a joke.
This is the right advice! No mortgage company would allow a mortgage where they can’t take ownership back. Also having been through divorce myself, you really have to plan on the worst (e.g. she can’t buy you out) that’s what solicitors are there for. Any promise that she made to you would then be a simple contract promise that if she declared bankrupt would become void.
Make sure you take legal advice regarding coming off the mortgage.
Having just been through divorce, I wish you the best, it’s tough, unsettling, confusing and frustrating. The lawyers have their own agenda so beware. Sometimes it is best to go straight to a Barrister, for an overall opinion as they cut through the legalese…it will cost a “consultant fee” but it can help to give a clearer view of the overall situation, you can then instruct your lawyer accordingly or be a litigant in person. On the other hand you might have a lawyer who is clear and is able to get translate to you what is the situation. Unfortunately I did not added to the fact that mentally I was all over the place.
One thought, if you are taken off the mortgage, she will then be considered to have all the debt and you will seemingly have none, so therefore you will have to redress the balance by contributing. She might have good intentions but there are ramifications.
All the best and make sure you look after yourself mentally, physically and financially.
When applying for a mortgage, one of the questions is whether you think your financial circumstances are going to change significantly, so I think the whole issue you’ve described is moot.