Can you buy your partner out of a mortgage if you can't afford the mortgage on your own? | Lawhive - Solicitors & Lawyers Online
Can you buy your partner out of a mortgage if you can't afford the mortgage on your own?
After mortgage legal advise please. We have a mortgage together and are separating. We have 90K left on the mortgage and valued at 130K today so 20k each in equity if we sell. So I want to buy him out and my dad has offered to give me the 20K to buy him out. Unfortunately the mortgage company have said neither of us would meet affordability as I've gone back to Uni and am on a zero Hr contract for work and he has just gone self employed. They DID say however that I can pay him his equity and have him removed from the deeds separately, but he would remain on the mortgage until I can afford on paper to take the debt on solo. I've just talked to an estate agent about this and she said it's not true. If I want him off the deeds and to pay him out now, then he also HAS to come off the mortgage, so our options are only going to be to either sell or rent it out. Advise please and also, any chance people know of some mortgage advise groups? Only one I found is public. Thanks

Dorothy Burchell

12th March 2022

2 upvotes

Top Answer
NQ He can be removed from the deeds and still be on the mortgage. This exact situation happened to my sister years ago. Why don’t you look at getting shot of him and converting the mortgage to a BTL mortgage? Make the house work for you until you can afford to take the mortgage back on personally. There are some BTL mortgages available that don’t require you to have an income, they’re based purely on the income of the property. Happy to chat further if you want some information. To be clear, I am not selling anything, I have experience in the property market and am happy to share my knowledge FOC.

Susan Shao

12th March 2022

+1

4 upvotes

Conveyancer - It’s not common practice for someone to remain on the mortgage but not be registered on the deeds. They usually have to correlate so whoever has the mortgage is named on the deeds. However you can obtain a sole proprietor dual mortgage whereby the second person acts as like a guarantor so they are liable despite not having any interest in the property.

Mitzi Pinks

12th March 2022

NQ- your name being on the mortgage is for affordability purposes (hence why some people have a mortgage with a parent or sibling. It improves affordability). His name being on the deeds is his legal claim to the house, being on the mortgage means he’s liable if you don’t pay.

Lilla Hoyt

12th March 2022

1 upvote

NQ-can your dad not go on the mortgage with you so you can take him off it? Xx

Robert Fuller

12th March 2022

1 upvote

NQ - that sounds like terrible advice to pay him off but leave him on the mortgage to be honest. Join UK Mortgage Advice & Support. Lots of qualified brokers who can help on there

Floyd Rodriguez

12th March 2022

LLB Conveyancing Paralegal - Common for lenders to do this. The mortgage is completely separate from the deeds. Someone said it here already how sometimes people have their parents on the mortgage. Unfortunately (and I am sorry for the generalisation but it comes from experience) estate agents do go beyond their remit and offer bad legal advice they are not qualified to give. I would always get legal advice from a family lawyer and go for a written agreement if not an actual court order to make sure that both your rights are protected. If there is none then even after you "buy him out" he may change his mind and have an equitable claim on any of the marital patrimony which will include the house. Family lawyer first and then a conveyancing solicitor who can do the transfer and liaise with your lender to comply with all of the formalities. Your father could also probably be added to the mortgage if he is willing to help, had this happen with a client and a few years later her situation changed and mum came off it. Good luck

Lacey Murrell

12th March 2022

+2

5 upvotes

Mortgage broker - this is called joint borrower sole proprietor and is possible. Estate agents are the bane of my life. Please do not convert to a BTL and live in it as this is mortgage fraud as has been advised in previous comments. So your dad could buy him out and a conveyancer can get him removed from title deeds but I doubt he’d be happy about it as you’re jointly and severally liable for the mortgage meaning if you don’t pay and disappear they will still chase after him for mortgage payments regardless of whether he’s off the deeds or not. And that’s exactly why the lender won’t remove him as he mitigates the risk There are some lenders that will take income from zero hour contracts

Charles Caldwell

12th March 2022

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