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    • jimbobontour01
    • By jimbobontour01 6th Mar 18, 5:28 PM
    • 2Posts
    • 0Thanks
    removing name from deeds
    • #1
    • 6th Mar 18, 5:28 PM
    removing name from deeds 6th Mar 18 at 5:28 PM
    hello everyone,

    quick question for anyone who has been in the same situation.

    my parent's divorced in 1994 and my father left the property. When the divorce went through the courts my parents had a consent order arranged. My father gave up all legal rights to the property on the understanding that my mother did no chase him for the mortgage payment. both my mother & father signed the order and it became binding when the divorce was finalised.

    at the time of the divorce my father had a second loan secured on the property for his company. also at this time my mothers solicitor tried to have my fathers name removed from the deeds, but because of this secured loan they would not be able to remove his name. My father defaulted on the loan shortly after and a charge was applied to the property, so my mother could only sell the property if the loan was repaid.

    Fast forward 20 years. My mother has now had the charge removed from the property and has a letter from Barclays Bank confirming this happened in Dec 2017. I would like to also say that the mortgage for the property has been paid in full, so there are no outstanding debts on the property.

    My mother is selling part of her property to an equity company to help her in here retirement.

    Is it a straight forward process to have my fathers name removed from the deeds, due to the fact that there is now no mortgage and also having a consent order from the court which he signed saying he gave up all rights to the property.

    any advise would be most appreciated.
Page 1
    • Richard Webster
    • By Richard Webster 6th Mar 18, 5:54 PM
    • 7,413 Posts
    • 7,123 Thanks
    Richard Webster
    • #2
    • 6th Mar 18, 5:54 PM
    • #2
    • 6th Mar 18, 5:54 PM
    Need father's signature. If he won't sign then you need a court order and there will be costs involved in that.

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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