can anyone help? ive separated from my husband and im still on the mortgage, he and his new OH have applied for a mortgage to pay off our joint one (without telling me ) can he do this and if so does my name still stay on the deeds? ive alread y contacted the mortgage company and given them my new address so they can send me letters but nothing has come regarding them paying it off.
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There seem to be some conflicts between these, although I think they agree that he can't sell or re-mortgage your share (50% if it starts as a joint tenancy), and he cannot do anything without giving you formal notice.
I think I would expect a mortgage company or conveyancer to err on the safe side and insist on your agreement. In any case, I would guess that the market value of a share of a property with a sitting tenant who was also a tenant in common would be rather low.
However, if warning him off and warning off the mortgage company doesn't work, you really need professional advice.
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David Woolley

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