MrMoody Posted May 31, 2015 Author Share Posted May 31, 2015 Sorry for no reply. Thanks for all the advice here. Regarding the joint mortgage. We both went for the mortgage together and it was accepted together. It has always come out of my bank account. both names are on the mortgage, but i have looked at the deeds and only my ex partners name is on there with no mention of me. All i need to know is where the law stands on this. Why would i not be but on the deeds automatically when the mortgage was forst set up, and could i have a case of the building society being negligent whilst setting up the mortgage. I have phoned the land registry but cannot be put onto there as we are not married. What marriage has to do with owning property is beyond me. I know the law is sketchy regarding unmarried couples, but just wanted a bit of friendly advice before starting the ball rolling with solicitors if the initial part of finding info can be done without. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted May 31, 2015 Share Posted May 31, 2015 Is it not possible to have a sole legal ownership with joint beneficial interest? Yes- but only the legal owner can create a mortgage. ---------- Post added 31-05-2015 at 23:42 ---------- both names are on the mortgage, but i have looked at the deeds and only my ex partners name is on there with no mention of me. Have you rechecked the HMLR records? The title deeds aren't the same thing. Link to comment Share on other sites More sharing options...
biotechpete Posted May 31, 2015 Share Posted May 31, 2015 Sorry for no reply. Thanks for all the advice here. Regarding the joint mortgage. We both went for the mortgage together and it was accepted together. It has always come out of my bank account. both names are on the mortgage, but i have looked at the deeds and only my ex partners name is on there with no mention of me. All i need to know is where the law stands on this. Why would i not be but on the deeds automatically when the mortgage was forst set up, and could i have a case of the building society being negligent whilst setting up the mortgage. I have phoned the land registry but cannot be put onto there as we are not married. What marriage has to do with owning property is beyond me. I know the law is sketchy regarding unmarried couples, but just wanted a bit of friendly advice before starting the ball rolling with solicitors if the initial part of finding info can be done without. Did you buy the house together? Or was your ex living there already and you both remortgaged? I'm no expert but presumably it's the solicitor who messed up rather than the building society. Did you both employ the solicitor or did your ex pay them? Link to comment Share on other sites More sharing options...
MrMoody Posted June 1, 2015 Author Share Posted June 1, 2015 The land registry shows only her name. As for getting the solicitor im almost sure the building society sorted everything conveyancing etc etc. It was a right to buy from the council. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted June 2, 2015 Share Posted June 2, 2015 The land registry shows only her name. As for getting the solicitor im almost sure the building society sorted everything conveyancing etc etc. It was a right to buy from the council. So what does both names are on the mortgage mean? That cannot show both as mortgagors. Perhaps you signed as guarantor? Link to comment Share on other sites More sharing options...
MrMoody Posted June 2, 2015 Author Share Posted June 2, 2015 It is a joint mortgage in both our names. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted June 2, 2015 Share Posted June 2, 2015 It is a joint mortgage in both our names. Not now, if only she is the registered proprietor. Link to comment Share on other sites More sharing options...
Tommo68 Posted June 4, 2015 Share Posted June 4, 2015 Divorce & seperation is a horrible process if you dont agree with each other. Best of luck mate. I think you meant to say ... even if you agree with each other. . . Link to comment Share on other sites More sharing options...
stillonhere Posted June 7, 2015 Share Posted June 7, 2015 I have experienced this and it was a nightmare. Lived here 17 years, remortgaged after two years living here and was on a joint mortgage with my husband. He left for someone else 8 years ago, then died 7 years ago. At the time of his death we were still married and still had the joint mortgage. After his death I contacted the building society who changed the mortgage into my sole name, then got in touch with Land Registry who said my name wasn't on the deeds and so I'd have to refer to his Will. Because he assumed I'd get the house upon his death (he had cancer so knew he didn't have long left and we'd discussed it), he never mentioned the house, but there was a little statement on the bottom which said 'anything else I own and haven't mentioned, I leave to my girlfriend'. So he inadvertently left the house to her. Took me almost three years (during which time I was paying the mortgage for a house I didn't own a brick of!), and £25k to finally get the house signed over to me. Don't want to worry you but I would hate for this to happen to anyone else, so please see a solicitor ASAP as it should be easy for them to sort. Link to comment Share on other sites More sharing options...
poppet2 Posted June 9, 2015 Share Posted June 9, 2015 To both posters MrMoody and Stillonhere who have this problem of having a joint mortgage, but only one name on the deeds. Who wrote, checked and signed the deeds before they were registered at HMLR? Also, what is there to stop anyone who isn't the mortgager, from having their names on the deeds, if the above mistake can happen? Don't you have to instruct your solicitor which names are to be printed on the deeds or are the mortgagers names automatically suppose to go on the deeds? (Which again for some inexplicable reason did not happen according to the experiences you have both encountered. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now