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Topic:
Transfer of Title (4 Posts)
Started By:
Date:
04 August, 2017 10:39AM
Transfer of Title
mvadukul21621 - 04 August, 2017 10:39AM
Hi

I am giving my 50% share of house to my ex wife. Now she applied for transfer of tile in bank.

Please could you explain me how Transfer of Title works ?

is that mean she can take full mortgage on her name from joint mortgage and transfer the house from joint to sole ?

or is she keep joint mortgage and take only house from joint to sole ?


If i am giving full house to her so i don't want mortgage on my name. i want to removed my name from the mortgage.

Please could explain me how Transfer of Title works ?

Regards
Mani
Re: Transfer of Title
Andyk - 05 August, 2017 07:44PM
You can only be released from the mortgage if the bank are happy that your wife will have enough income to be an.e to take on the mortgage in her own name.
Re: Transfer of Title
Bubblegum - 05 August, 2017 08:55PM
Do you have a court/consent order stating how the property should be split and a clean break? I think the answer to your question is in the terms you have agreed - if any?
If not, you really should get a consent order before signing property over.



Edited 1 time(s). Last edit at 06/08/2017 11:04AM by Bubblegum.
Re: Transfer of Title
tyler74 - 06 August, 2017 10:42PM
1) You should ask for a legal advice
2) Mortgage is not automatically transferred to her with Title. Mortgage is a pure financial arrangement with the mortgaged property acting as a collateral. The fact that the Title is transferred to her is irrelevant from mortgage/bank prospective as you both are still liable under the terms of the loan (my understanding that's a joint mortgage). In normal circumstances that's ok - should she sell the house the money will go to the bank first and cover the outstanding loan (hopefully). The problems arise in case of unexpected - fire/natural disaster etc, in that case you are still liable under the terms but you may not get the funds to cover it. Hence 1).
3) You should not agree the Title transfer till 1) or she releases you from the mortgage. That may be difficult if she can not afford the mortgage on her own.
4) when dealing with property/loan questions every little detail counts... Do not assume anything unless you consult with a lawyer
Hope you'll find the right solution.
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