Shared Ownership Removal
The individual seeks to have their name removed from a shared ownership property in Western Australia, which they had with their former partner. The former partner is currently incarcerated, and there are mortgage arrears totaling approximately $850. The outstanding balance on the mortgage as of 2025 is around $39,000, though this is not the full redemption amount. The individual is particularly concerned about the arrears notifications being sent to their current address, which they cannot support financially.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I remove my name from the shared ownership property given that my former partner is incarcerated?
To remove your name from the shared ownership property, you must initiate a transfer of equity. This involves contacting the housing association and mortgage lender to confirm their requirements. Ensure any outstanding arrears, currently about $850, are addressed. Given your former partner's situation, you may need a court order to proceed, especially if they're unable to consent. It's advisable to seek a solicitor's assistance to navigate these legal complexities. Additionally, check if the shared ownership terms allow for unilateral removal from the agreement.
What legal steps do I need to take regarding the arrears being sent to my current address?
To address the arrears sent to your current address, inform the mortgage lender and the housing association of your current situation in writing. Explain your former partner's incarceration and clarify your lack of involvement with the property for years. Request to halt arrears communications to your address and provide any alternative contact details for your ex-partner, if available. Consider seeking advice from a debt charity to explore your options for managing the arrears.
Is there a specific process for transferring ownership of the shared ownership property in my region?
Transferring ownership of a shared ownership property involves several steps. Firstly, obtain consent from the housing association involved in the shared ownership scheme. They usually have specific requirements for initiating the transfer. You'll also need a solicitor to draft a transfer deed to legally remove your name from the property title. Address any arrears, as these can complicate the process.
What potential liabilities might I face if unable to remove my name from the property?
If you cannot remove your name from the shared ownership property, you remain liable for any arrears and future mortgage payments. This liability persists even if you have moved out and your former partner is incarcerated. As a co-owner, mortgage providers can pursue you for the entire debt if the other party fails to pay. This could negatively impact your credit rating and complicate future borrowing.
Can the housing association or mortgage lender assist in resolving this situation, and how should I approach them?
Reaching out to your housing association or mortgage lender is crucial. Start by contacting them directly to explain your circumstances, including your former partner's incarceration and your wish to remove your name from the property. They may offer options like mortgage restructuring or assistance in managing arrears. Prepare all necessary documents and financial details before your meeting.
