if I buy my partner out of the house we bought, can we sign a legal document to say that I now own the house?

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Hard to explain in the short question space! So, we bought a house together earlier this year, now we are living separately (due to unforeseen circumstances) As he lost his job he is renting a flat and claiming benefits and I am in the house we bought paying the whole mortgage. He needs his money out of the house (that he put in the deposit) or his benefits will stop. I have the means to buy him out, and I can afford to pay the whole mortgage, but the mortgage lenders won’t let me take on the whole mortgage as the loan was calculated on our joint income (even though I can afford to pay it all on my income – I’ve paid more in rent on my own for years). So has anyone been in this situation? I am wondering if I can pay him back his deposit money and we can make some legal signed agreement that the house is now all mine without the mortgage lenders knowing (he is not in a position to buy another house so that wouldn’t be an issue at the moment anyway). Otherwise we have to sell the house and I’ll end up in a flat paying more in rent than I am paying on my own on the mortgage now….

Please note I am in the UK so laws may be different in other countries. Thanks….

  1. Reply
    sweet pork
    April 29, 2011 at 11:46 pm


  2. Reply
    April 29, 2011 at 11:59 pm

    First of all I would be very insistent with your mortgage lender explain the situation and insist on them letting you buy out the mortgage.
    With your employment and payment history and situation there is no reason for them to deny your request, it is in fact quite unreasonable.
    Threaten to walk away from the property, banks are inundated with foreclosures and don’t want any more on their books.
    Don’t take any BS from them play hardball start insisting on speaking to people higher up the ladder.
    Stand up for yourself, be forceful and persistent..

    Good luck

  3. Reply
    Paul C
    April 30, 2011 at 12:43 am

    UK is founded in “British Common Law”–a similar basis used here in the ‘States. Basically the title or ownership to property–once deeded–can be titled to any entity agreeable to ALL parties on the initial title. So if you and your partner are joint owners on property ownership, you would both have to agree to convey that ownership to you, in writing. You can “band-aid” this conveyance by having your partner simply execute a “Quit Claim Deed” to you, basically conveying all of his rights of ownership to you. This type of conveyance is not always viewed as fully conveying the property however and its always best to have a title conveyed OUT of the current ownership, then BACK into just yours.

  4. Reply
    April 30, 2011 at 1:07 am

    Short answer…Yes you can put the title to the property in your name alone, but your partner will still be on the mortgage and still be responsible for half the debt, so it would be incredibly foolish for your partner to agree to such an arrangement. The only way around this is to go get a new mortgage in your name alone. You may need a bigger down payment if you don’t qualify, but you say you have the means.

  5. Reply
    Doctor Deth
    April 30, 2011 at 1:09 am

    with his name hanging on the mortgage – that may be tricky – you might be able to get his name off the deed – talk to a lawyer

    just let him know – his name is still on the mortgage -and it will show up as such if he ever tries to get another mortgage – until you reach a point of being able to refinance your self or you sell that house

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