What happens if we have a joint mortgage and one of us wants to leave?

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This area of the law is very complex - and it all depends on who is the legal owner of the property. We recommend you look into this matter in greater detail on http://england.shelter.org.uk/advice/advice-469.cfm

In mortgage terms – with a joint mortgage you are both liable for the payment of the mortgage. If one of you leaves, then in practice the remaining party will have to pay if they want to remain in the property. Despite this both parties remain legally liable for the debt whether or not they live there. Most people avoid this scenario by selling the house.

If you have a joint mortgage and your partner has left, then you should seek legal advice at once. Contact a solicitor or even your Citizens Advice Centre. It’s important for you to know your rights. Also be sure to let the mortgage lender know what’s happened – they may be able to help.

 

 
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