← Back to Events
Wednesday, February 10, 2010mortgagespropertycapitalgainstaxstampduty

Must a mortgage holder be on the property deeds?

Q I have lived in and payed the mortgage on my house for five years, but it is my dad's name on the mortgage and deeds due to my financial position after I got divorced. My current partner moved into the property with me and my mortgage is now up for renewal, and he wants to be on the mortgage with me. Do you have to be on the property deeds to be on the mortgage? Or can I have him on the mortgage and not the deeds? Also, can I leave my dad (who is retired and 59) on the deeds and mortgage as well as adding my partner? MW A Yes, your partner will need to be registered as a joint owner at the Land Registry (the current equivalent of being put on the deeds) to share the mortgage with you. So you, your father and your partner will need to agree how ownership of the property is to be split between you, and I suggest you seek expert legal advice on the various implications of this. This assumes that your father wants to carry on sharing your mortgage and continue to be jointly liable for the debt. If he doesn't, he will need to decide what he wants to do with his share of the property, which is either to sell it to you or make a gift of it. Again expert legal advice would be useful here. Assuming your father doesn't live with you, giving or selling you his share may mean there will be a capital gains tax bill. There could also be a bill for stamp duty land tax when your partner takes over part of the property and the mortgage on it.

Source: The Guardian ↗

Market Reactions

Price reaction data not yet calculated.

Available after full seed + reaction pipeline runs.

Similar Historical Events

No strong historical parallels found (score < 0.65).