Property with mortgage, can court order mortgage be transferred to one spouse

B

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Where one spouse/partner is paying the mortgage and the couple are separated/divorced or even not married, can the court order the property be transferred to one person and in addition can they force the bank to put the mortgage in one name only?
 
In a word, no.

The parties would need to be able to produce a consent from the Bank to any such arrangement before a Court could "rubber stamp" it.

It is only in circumstances where property is held debt free that a Court can make what is called a Property Adjustment Order.

mf
 
it cant be forced. Speak to the bank and ask what they will need in order for you to get it in your own name - most likely you will have to show the ability for you to pay the mortgage off by yourself for min 6 months and have the other person on the mortgage sign off on this once allowed.
 
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