Q&A

Your property questions answered

How can I get name of ex off the deeds?

Q My partner and I bought an apartment in 2006. We split up two years ago and for the past 18 months I have been paying the mortgage on my own (with some family help and I rent out a room). It was a 100 per cent mortgage and the apartment is in negative equity. He emigrated a year ago and is happy that I should have the apartment. I want that too. I will shortly be coming into a small inheritance which I want to use to pay off some of the mortgage to lower the monthly repayments. How do I go about taking his name off the deeds?

ABefore the market went into a tailspin the solution to your problem would have been for you to take out your own mortgage to use to pay off the joint mortgage. Then the apartment would be in your own name and your partner would be off the deeds. That option is now unlikely because your apartment is in negative equity – but you may have some scope for manoeuvre if your income is sufficient and the inheritance is factored in. Talk to your lender to see if they will offer you a mortgage on your own. It's worth remembering, though, that although you are shouldering the responsibility of this massive debt (that's what a mortgage is) your ex-partner is still legally liable for 50 per cent of that debt. Has your ex signed a legal document relinquishing his interest in the apartment – if not he may come back in years to come, when you sell up, trying to claim some interest in the property. You would be unwise to lodge your inheritance into the mortgage account until you get this sorted out legally – contact a solicitor for advice. Getting a name off a deed is not a simple process.

When do I pay people involved in home sale?

Q I am about to put my house on the market and am wondering at which stage do you have to pay the professionals involved? Obviously the auctioneer only gets paid when the sale goes through but when do I pay the solicitor? A friend was charged by hers even though the sale fell through. Also, what about the surveyor and BER assessor?

AThe estate agent will quote you a fee and put it in writing. As well as the "fee for professional services" it will include additional "third party expenses" such as advertising and perhaps a brochure (depending on the fee structure). This will be paid when final contracts are signed – unless otherwise stated in the quote. You should also get a written quote for fees from your solicitor. Again, it is normal for this to be paid once contracts have been exchanged. If you pull out of the sale it would be usual for the solicitor to bill you for their professional services and any expenses incurred.

You do not pay the surveyor. It is up to the buyer to decide whether they want a survey and then they pay for it. You pay the BER assessor – it is a very competitive market with many qualified surveyors so shop around.

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