Adding partner to deeds / mortgage

Feb 20, 2004 4 Replies

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Hello,



I want to add my partner to the deeds of my property. I have a mortgage with halifax so I contacted them. They said that it was simple enough to do and sent me out the relevant forms.



When the forms arrive, it seems they want my partners payslips / proof of income - as well as mine (even though I only changed to their mortgage 5 months ago!)..



The problem is, my partner is unable to prove his income.. Halifax seems to think that is a problem since they need to run a credit check....



What I don't understand is - why are they fussing so much? They can hardly terminate my current mortgage and surely its advantageous for them to have a second person liable for the debt as well as me.



I didn't particularly want him on the mortgage at all; just the deeds, but Halifax say he needs to be on the mortgage first.. I'm completely stuck here and my solicitor who did the conveyancing was completely useless when I asked him about this 5 months ago!



I'd appreciate advice from people who have been / are in the same situation..



Q-f


When you "add someone" to the deeds, what you are actually doing is

*giving* that person a share (usually a half share) of the house. That's kind of the same as selling it, which is something the existence of a mortgage prevents.

Don't forget that a mortgage is not something the lender gives you, but something you give the lender (in return for the lender giving you a loan). It is the security, the right to seize the property and sell it if you fail to make the payments.

Accordingly, the holder of the mortgage (i.e. the lender) will only be happy for a change of ownership (even just a partial change) to occur if the new co-owner also co-grants the mortgage. A termination of your existing mortgage, and its replacement by a joint one, is therefore unavoidable.

Lenders have their own strict procedures and I suppose what they are saying is the only way they can help you is to handle this like a whole new mortgage loan application. But all is not lost, unless you're on a particularly high income multiple already, because they will give you the option of choosing your lending limit between a mediocre multiple of joint income and a high multiple of one income plus a very low multiple of the other. If he can't prove his income, you can just pretend his income is zero, and if your income times the high multiple is enough, then the deal should be in the bag.

Whatever arrangement you then make between yourself and your partner, about who contributes what proportions of the payments, is irrelevant to the lender. They simply want to be satisfied that the risk of defaulting is low. Either way you would both still be jointly and severally liable, i.e. just because he has indicated zero income doesn't limit his liability to 0% of the joint debt.

Why do you want him on the deeds anyway? Why not simply leave the house to him in your will?

Don't tell me. "What will?" :-)

And there can be SDLT (Stamp Duty Land Tax) implications where a transfer includes a mortgage,and CGT, if not your PPR.

An oral Declaration of Trust *might* be an effective alternative.

In message , QuickFix writes

Dont worry about your partner not being able to prove income if yours is enough, which I assume it is if your circs havent changed since you took the mtge in the first place. The big H just want to make sure he isnt on the verge of bankruptcy and is a decent cove. Fill the form in truthfully and send it off. Halifax can often agree without any proof of income anyway.

Actually the default situation is that you are giving them all of the house so that each own all of it. The half and half bit only happens if you own the house in common. In either event the debt will be joint and several.

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