house deeds

[mamar]

if an expartner is on the mortgage but not on the tittle deeds has he any rights to house

[Ethel]

I find it hard to believe a mortgage company would give him a mortgage without his name being on the title deeds.

However, yes he will have rights in the property.

[mamar]

it was a mistake by the mortgage company when we remortgaged the house however that was only 2yrs ago(i alone have owned the house for 15yrs) and he left 12mths ago, now i am selling due to the fact that he got me into debt and now espects money from the sale, which is laughable seeing as i paid the mortgage.

[Loosehead]

do you mean title deeds or do you mean the land registry? If he is on neither then he has no direct rights but if it came to a break up, the fact he is on the mortgage would give him some leverage. However I too am surprised that a lender would lend without joint ownership being in force. You can check the land registry, I would have thought that your solicitor would have added the necessary. "Deeds" in the historical sense are pretty well meaningless for most property these days.

[mamar]

the solicitor obtained the information from land reg and hisname didnt show as to be on, we no longer live together and havnt for over a year, and he was only on the mortgage for 12mths prior to this i have secured a sale, and now he has come out of the woodwork claiming he wants some of the profit, we have daughter together, and he doesnt even support her, he left me in a financial mess and i have had to sell to get out of it, i had lived there in total 34yrs,

[Loosehead]

As long as the Mortgage is repaid from the sale I would say he'd find it very difficult to get anything out of you. If he is not on the land registry entry then he will not have to sign anything so he cannot prevent the sale in that way. He may well have a claim for capital appreciation for the year which he was involved and that case would be strengthened if he actually paid the mortgage. I doubt if he could do anything in time to prevent a sale. Just flog the place secure the dosh and tell him to do his worst.

[GlenB]

A lender may grant a mortgage to a sole owner but may require another person to be a party to the mortgage as a guarantor (if for example the owner had an insufficient income to manage the loan on their own) . The guarantor would have full responsibility for the mortgage but nothing in the deeds would give him any claim to the title of the property or to the proceeds of sale. However whether he could make any claim for part of the proceeds of sale of the family home to which he might have contributed may be another matter.