QUESTION:

Hi Melissa, thank you for the detailed article.

I have a question and hope that you could help me with.

I purchased an apartment with my ex-bf for more than 11 years ago.

Property title and loan under both names, and it is still now. He is going through refinancing using his wife’s name.

What is the procedure for him to refinance so that I can get my name out from the current mortgage loan and property title?

Is an MOT sufficient?

How do I know if he has the new loan approved before I sign the MOT in fear that the property title has already been changed to him solely while

Am I still the co-borrower for the existing loan?

Many thanks in advance.

Alice

ANSWER

Hi Alice,

Thanks for the questions.

I’m happy that you have a realization to change the name on the property because if you don’t, there might be consequences in the future.

So the first step you can do is to transfer the property from your name to an ex-boyfriend name.

The current property is under your name and your ex-boyfriend’s name. You are holding 50% shares, and he is holding 50% shares on the property.

You can transfer the property 50% shares under your name to the ex-boyfriend’s name. If you do so, your ex-boyfriend will hold 100% shares.

Or

You can also transfer the property 50% shares under your name to the ex-boyfriend’s wife’s name. Therefore, ex-boyfriend will hold 50% shares, and his wife will own 50% shares.

And then, they can apply for a loan under their names with a new bank.

The new bank will settle the existing bank. And the old account will be closed.

Then, you will be out of the picture.

If there is an exchange of money involved for the transfer of 50% shares, it’s better to draft a Sale and Purchase Agreement.

But if there is no money involved, an MEMORANDUM OF TRANSFER (MOT) is sufficient.

The ownership of the property can’t be changed without your consent or signature. You need to sign the MEMORANDUM OF TRANSFER documents. Therefore, your ex-boyfriend can’t change the ownership.

Another example, if the property is under your name and ex-boyfriend, and the loan is under ex-boyfriend and wife, you’ll still need to sign a document with the bank lawyer to acknowledge about the financing.

In short, every transaction either sells or taking a loan will need your signature.

I hope this answer clarifies your question.

But, if you have further questions, please feel free to call our consultant at 012-6946746. It is easier to consult through the phone.

Thanks.

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