My house deeds are in my ex partners name well not yet as they still with the solicitors, the mortgage is in both names where does this leave me as we have spilt up.

It depends... are you married? Live together long enough for a common law marriage where you live?

Where DO you live?

The deed and the mortgage are two separate things... if your name is on the mortgage, then you share liability to pay and if one doesn't they can come after the other. The deed to the house isn't always nor does it have to be in the names of the mortgage holder. But a smart person would get their name on it before they accept responsibility for the loan.

What the ultimate answer is depends on where you live. Laws vary.

It leaves you owning only 1/2 of the property, and gives the other partner equal rights to the property. One party will need to buy the other partner out.

It leaves you owning only 1/2 of the property, and gives the other partner equal rights to the property. One party will need to buy the other partner out.

How you figure? I believe OP owns 0/2.

Ak Lawyer was do you mean regarding your answer

I'm somewhat unclear about the situation. You say the "DEEDS" (note plural) are in the partners name, but then you say not yet.

Generally there is only ONE valid deed to a property, the one currently registered with the county. Now, if you signed a quit claim deed transferring your interest in the property to your ex, once that deed is registered, you will have no interest in the property. However, you will still be listed as a borrower on the mortgage and still have responsibility for that debt.

So I wonder why your solicitor agreed to this. What SHOULD have happened is your ex should have obtained a refinance in their own name and when the refinance was closed, THEN you sign the transfer deed. This is usually done at the closing.

Since you have a solicitor why aren't you asking them this question. They are more familiar with the circumstances and the local law.