Transfer of title deeds

steviek1

I have recentely split up with my partner whom we own a home together, I have agreed that she can buy me out of the property for an agreed sum and have a legal agreement in place for this.

My solicitor has passed the next stage on to the conveyancer within the company who is looking for over £400 for the work she has to carry out. From what I understand my ex partners solicitor has the title deeds for the property from the lender and is in the process of preparing the transfer in to my ex partners name, she will be carrying out the relevant checks on behalf of the lender and when all in place I will sign the transfer to my ex in return for the agreed sum.

I intend not to use a solicitor for the conveyancing as my ex's solicitor is preparing the relevant documentation and would like to confirm that I only have to sign the new title to remove my name from the land register and ensure the current joint mortgage is paid and no longer in place in return for the agreed sum on money?

Any advice would be greatly received.

Stevie

Marcheline

Bumping this thread up in the hope someone can help.

Entertainer

They would prepare a transfer form which you sign, to transfer your interest in the property to your ex. They would also fill out AP1 for the Land Registry to register the change in ownership. Your interest in the mortgage would also be discharged.

Richard_Webster

They would prepare a transfer form which you sign, to transfer your interest in the property to your ex. They would also fill out AP1 for the Land Registry to register the change in ownership. Your interest in the mortgage would also be discharged.

That's broadly right, but you need to make sure that the mortgage lender has agreed to release you. In some cases it is possible to do with transfer without you being released.

Normally if the split is reasonably amicable the parties can manage without a solicitor and the solicitor acting for the one keeping the property writes to the other person with the TR1 deed for signature explaining that he is not acting for him/her and that he/she should take his/here own legal advice about it. If the other person chooses not to do this they can simply sign the document and return it. The solicitor should undertake not to complete without first sending the money to the other person.

This is one case where it usually isn't necessary for a solicitor to get involved and you can reasonably save money here. Because of the Land Registry's ID requirements you may have to produce your ID to your ex's solicitors.

steviek1

Richard_Webster wrote: »

That's broadly right, but you need to make sure that the mortgage lender has agreed to release you. In some cases it is possible to do with transfer without you being released.

Normally if the split is reasonably amicable the parties can manage without a solicitor and the solicitor acting for the one keeping the property writes to the other person with the TR1 deed for signature explaining that he is not acting for him/her and that he/she should take his/here own legal advice about it. If the other person chooses not to do this they can simply sign the document and return it. The solicitor should undertake not to complete without first sending the money to the other person.

This is one case where it usually isn't necessary for a solicitor to get involved and you can reasonably save money here. Because of the Land Registry's ID requirements you may have to produce your ID to your ex's solicitors.

As my ex is re-mortgaging with the same lender our current joint mortgage is with would you advise me contacting them to ask for something in writing stating I have been released from the existing mortgage?

I have been advised by my ex's solicitor that she hopes to have the documentation ready for us both to sign tomorrow Fri 11th, you mention I should receive the money prior to signing the release docs, should I ensure the funds have been banked and cleared prior to signing any these documents?

Thanks for your help
Stevie