how can i get my partners name off mortgage

kingstreet

tesorocibola wrote: »

i know she went to the solicitor last year because i went in to make an appointment and they kicked me out saying it was a conflict of interest me being in there so i waited outside and she was inside with solicitor for a while when she came out she said she was just talking to solicitor about removing her name and she said that the solicitor was looking into it,but i asked her why did they kick me out saying it was a conflict of interest and she said she didn't know what do you think shes done behind my back ?

They are representing her. You should seek separate legal representation if you feel you'll need it.

jamesd

meer53, the text following that is significant. There can easily be a dispute over what was agreed 22 years ago about ownership of property and other obligations.

tesorocibola wrote: »

i asked her why did they kick me out saying it was a conflict of interest

A single firm of solicitors can have a conflict of interest if they represent both parties to a dispute. They were acting ethically by kicking you out. You should use a different firm. They will refuse to act for you if she is using them.

You get the same thing in property transactions, the solicitor for the seller isn't supposed to directly speak the the buyer, just to their solicitor. Again it's an ethics issue.

It's likely that she stopped paying the bills in part because they advised her she wasn't gaining from doing it and also wouldn't lose out by not doing it. I'm assuming that you're joint tenants for the property, not tenants in common.


You can ask the Land Registry for a copy of their record, using their property search.

It's likely that if you were both named on the mortgage you're both named at the Land Registry and if so the nature of what is written there will be very important to what happens to the property.

At the best, she might be entitled to none of the value of the property. At worst she could be entitled to half of its value. Not quite worst but I'm assuming that there's no agreement that splits the ownership more than 50% in her favour.

You might also mention which part of the UK you're in, since English and other law like Scottish can differ significantly sometimes.

Best to get the Land Registry details and talk with a solicitor so you know what's likely to happen and exactly what your and her rights are based on your own personal situation. It's not unduly expensive initially and it can save you a lot of trouble later.

I doubt that a solicitor would advise her to simply sign over any portion of the property to you if she cares about the interests of the children. More likely is that she will be told to insist on you buying out her interest or will force a sale if you can't do that. But she might also accept other offers, like regular payments over time. Or you both might be content to sell and split any profit according to whatever the property ownership status is.

tesorocibola

ive been very ill since i found out about the affair,i had a breakdown and started having convulsions,this stopped me leaving the house i got agoraphobic she stopped paying the bills but she kept taking my bank card and was using it every day she over drew my account up to 1300 pounds sometimes and ive been selling things to get the overdraft down,she was taking my bankcard without permission and she was hiding all of my bank statements ive only just found them now shes gone but i was checking my balance online and when i asked her where all my money was going she said on shopping and bills but she was getting 260 a fortnight from child benefit and child tax credits for the shopping and i had to pay all the direct debits from my account with my incapacity money and ive just found recipts where she was signing for cash from the local store she was signing her name but receiving cash from my account which is in my name,as she never told me she was using my card and never asked + she was not paying the bills she was supposed to can this be clased as theft and fraud as she was signing her name to receive cash from my account which was clearly in someone elses name ?

tesorocibola

the solicitor thats representing her is the solicitor that is holding our deeds,is there an advantage that shes being represented by them,soon i will try and get in touch with her and ask her to start paying her half of the mortgage and go from there,what if she says she wont pay it is there anything i can do,do you think she will boycott the payments to try and force me to sell ?

jamesd

Don't ask her to pay anything to the mortgage if she hasn't been doing it routinely in the past, without talking to a solicitor first.

You can report the fraudulent use of your card to your bank and ask them to investigate and return the fraudulently taken money. Expect them to be reluctant and to try every way they can think of to avoid paying it. If you wish to take this path, sooner is better. Ensure that, if it is true, you do not at any time say that she ever had permission from you to use the card or that you ever disclosed its PIN to her and make it very clear that the statements were being concealed from you, to explain why it took you as long as it did to notice.

The problem is the description of her spending money on bills and you checking your balance online. How could she have continued to spend the money without her having your consent after you were aware that she was using the card following the first conversation? You should expect your bank to keenly question you on this part of things.

Did her signature match the signature on the card? The store is supposed to have been verifying that they matched. These transactions appear to be clearly fraudulent but again the problem is explaining how they could have continued for as long as they did.

You might also have a word with your local police to see what they make of it. Expect them to be reluctant to pursue it, however it seems that you are a person who is vulnerable to exploitation who was exploited and they may.

From the sound of things she's exploited your health to defraud you.

tesorocibola

ive questioned the manager of the shop and no the signatures did not match as her names different to mine she was signing her own name for cash backs from the shop the manager said it wasnt fraud as all you are signing for is to verify you are receiving the cash,even if its a diff name and the signatures dont match she said you are signing to say you have just received money,as for the use of my card since i became ill she was spending money i didnt even have in the bank as i never left the house every transaction from back then would of been hers ,i only checked once online because it was my daughters birthday and i wanted to check to see if i had enough cash to get her something she wanted off ebay,i never really checked in detail i just presumed that the direct debits had come out and the social were late paying my money into bank,the way i found out about her getting cash back was she left a reciept lying around,she could of paid for the bills with my card easily,what im getting at is why would she need cash back when any off the bills she had to pay including shopping could of been payed on the card,there is no reason for her to be getting cash back,if she took the card and was paying bills thats fair enough but its the use of the card for cash backs thats bugging me ,could she have been slowly paying off her overdraft or maybe taking out cash and putting into her account

tesorocibola

as ive recently split up from my partner what would be the best thing to tick on cencus form with all this trouble im having,
never married and never registerd a same sex civil partnership
or separated but still legally in a same sex civil partnership or formally in a same sex civil partnership which is now legally dissolved,ive ticked the first option would there be any benefit for me to tick one of the other boxes as i dont really understand there meanings,cheers

tesorocibola

tesorocibola wrote: »

as ive recently split up from my partner what would be the best thing to tick on cencus form with all this trouble im having,
never married and never registerd a same sex civil partnership
or separated but still legally in a same sex civil partnership or formally in a same sex civil partnership which is now legally dissolved,ive ticked the first option would there be any benefit for me to tick one of the other boxes as i dont really understand there meanings,cheers

please dont answer this as the penny has just dropped and its referring:eek: to gay couples,how stupid do i feel now,sorry