Hi camzmcg

The trust deed itself will be an issue due to your credit rating. The mortgage company at present will look on the property being in joint names as a more secure option that it being in your single name as, in the event of the default, they can pursue your partner.

It may be that they will review things after 6 years when it is no longer shown on your credit file.

Mark

Thank you for your reply

Would you know of any lenders that would look at it sooner

Hi camzmcg

I think there are 2 separate matter. Taking one party off the mortgage and deeds will keep you with the existing lender and this may be a (slightly) easier option.

Looking ast other lenders will require a full remortgage which may be difficult and will depend on the usual factors, mortgage amount, deposit, credit rating etc.

Mark

That's a bit of a worry as I need to get her off the mortgage or she will force me to see through the courts 🙁

Sorry I meant to say sell not see

Why will she force you to sell, camzmcg?

She doesn't want to be liable for anything related to the house she has moved into her mums I have paid everything for the house to date and I am currently renting it out at the moment to cover the mortgage
She has said she want her name off within 12 months or she will take me to court to force the sale through

Hi camzmcg

Depending on what she is looking for, she could do a disposition transferring her interest in the house to you. It's called a Love, Favour & Affection transfer where no money is paid.

This would remove her from the title deeds but not the mortgage.

Mark

Unfortunately she is liable whether she likes it or not and unless you meet the mortgage company's criteria for a mortgage in your sole name then there is nothing much can be done about it.

I wonder whether she really would force a sale though. It would cost her a fair bit in legal fees to force you to sell against your wishes, I'd have thought - with the accompanying possibility that there could be a shortfall left owed to the mortgage lender once sold, which she would still be jointly liable for.

Hi , I am in a similar situation . I got divorced and agreed to take on the mortgage in my sole name , my ex wife wants her name off the deeds and mortgage . Have been battling my useless trustee for seven years , he issues numerous threats , to which I have said ok lets go to court without further delay , guess what he never even replied to me . It has been nearly 2 years of stalling by him he can't even agree to meet face to face .
An offer of composition under my deed was accepted by all my creditors , but my trustee will not pay them , and then states it does not follow trust deed law , guess , what it was run by the AIB and passed by them before the offer was made.
Now my ex wife is trying to sue me for breach of contract , as I can not take on the mortgage due the mess my trustee has made . When I agreed to take on the mortgage and remove her from the deeds etc I had a legal agreement in place , with money left over to enable me to do so . This is been eaten away in fee's whilst my trustee does nothing . So the money left over is nearly gone and I will not be able to take on the property , because the amount I need is more than the lender is willing to lend .
Now , if my ex wife transfer's her interest in the property to me , would my trustee under the love/ favour/ affection transfer , will my trustee then try and pursue me for even more money ??.
I agreed to sell the house if I could not get the deed discharged by April of this year , the only reason I singed it was because I had the offer of composition in place and funds left over to reduce the mortgage to a sum my lender was willing to give .
Surely my ex wife can't force me to sell because my trustee is not following the law , I have done nothing wrong , and because of my trustee's stalling tactics I can not hounor my end of the agreement .

Can I be sued for this ??, I did not create the further problems .
Awaiting the information I need to send to the IPA in London to make a formal complaint .
As far as I AM CONCERED I PAID MY HALF SHARE OF EQUITY A COUPLE OF MONTHS INTO THE DEED SO SHOULD HAVE BEEN DISCHARGED IN 2009 , 2013 AND NO FURTHER FORWARD !. [:(] Beware of bad practice and fee building by trustee's/ firms I will be sniffing around his indemnity insurance when I finally win and my trustee is shown for what he is . Rant over for now .

Hi pinalta.

As much as we'd like to help none of us are qualified to offer legal advice on issues such as whether you could be sued.

One of the experts may be able to answer your question about the possible transfer of the asset. That sounds like it might be a bad idea though.