I have not done this for a long time- it is quite unusual these days for a family home to be held in the sole name of one only of the spouses so we are talking about houses bought maybe more than 20-25 years ago.
It was always the case that, if there was a mortgage on the property, that that acted as a barrier to any transfer of ownership without the consent of the lender. It may be that, pursuant to the 2009 Act, a mortgage , being only a charge, cannot act as a barrier to the creation of a joint tenancy but that any transferee will take their half interest subject to the charge.
If we are talking about a case where a transfer is being done to defeat creditors, the High Court can set aside any such transaction.
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