My rights

[lisaloveline]

I live with my fiancee at the moment our nortgae is joint and has ben for 2+ years.

He recently went to remortgage as my credit isnt very good he was told he could remortgae on his own and he would get in.

My questions is if he takes my name of the mortgage where do i stand if we split up i pay gas electric water tv license food and contibute towards furniture etc.

We have 2 childre living with us of 1 of them is ours the other is just mine

[Postdog]

Sorry, I am in no way an expert, but there is something there which I find a bit odd. I have a mortgage by myself, but to help pay that, I have had lodgers from time to time. When I last remortgaged, the lodgers had to be notified and their permission sought, even tho the mortgage had nothing to do with them, so why, given that you are on the mortgage already, are you being ignored/dismissed. You are ON the mortgage - that fact can't just be swept aside. And even if you do have a poor credit history, I fail to see why or how he can get a better deal on his own.

[Mrs_Pegasus]

Surely, it is who is on the deeds that counts?

If both of you are on the deeds then you are joint owners. I know that when I bought a house, my partner at the time didnt necessarily have to go on the mortgage because I was earning enough, but he did but when it came to the split it was 'who was on the deeds' that mattered.

My advice to any unmarried couples is to get an agreement about what would happen in the event of a split BEFORE purchasing a property together.

[dannydingbat]

Forget about if he takes you name off the mortage, you are a joint owner of the property and that's it. He cannot take your name off without your permission. A remortgage means that he is borrowing money against the property to pay off the original mortgage. He needs you to sign various forms to agree to this. This effectively means that you are selling him your half share of the property and are entitled to receive an adequate share of the value of the house for your consent. If you feel intimidated by all this and feel you are being railroaded into a situation, go and see a solicitor or the Citizens Advice Bureau who may be able to refer you to someone for help.

[lady_p_gold]

Firstly I would ask why he needs to remortgage, if is it vital then so be it but if it is just for something like a new car etc. it is better not to if possible. I am assuming you are a joint owner of the property and as such you would have to sign, as in effect he is borrowing against your share too ..... which can have an effect on you later if there was a split. So .. it doesn't matter if you come off the mortgage, but if he is going to remortgage then you really need to speak about the future or get some legal advice yourself.