Removing Ex-Wife from house deeds

Thrugelmir

I'm wondering if she's actually not. Hence her lack of interest in the equity in the property.

thebigbadwolf

She is 100% on the deeds - don't ask me why or how but she is. The mortgage is solely in my name - deeds are in both

Tigsteroonie

Is it worth posing this question to the Land Registry? You cannot be the first person in this situation, I'd have thought.

"My ex-wife is named on the deeds to the house but is not on the mortgage (here's evidence). We divorced in 20?? but with no financial remedy as she refused to respond to correspondence. I have absolutely no idea where she now lives. How do I remove her name, either now or when I come to sell?

Goldiegirl

thebigbadwolf wrote: »

She is 100% on the deeds - don't ask me why or how but she is. The mortgage is solely in my name - deeds are in both

I honestly don't know how you managed that - as Lenders normally expect the mortgage and the deeds to be in the same names.


I also think you need to ask the Land Registry - but I reckon the answer would be that you need a Court Order to remove her, if she won't give her permission

minimike2

A small number of lenders, for example HSBC, allow a joint proprietor sole borrower basis.

I personally find it baffling, but hey, I am not a risk manager.

MortgageMamma

I know you said you didn't want more expense but have you thought about getting someone to investigate her whereabouts. She's likely to have a bank account etc so she should be possible to find - but if you did find her would she cooperate with you? If she keeps getting evicted for not paying rent are you still financially associated with her on your credit report?

MortgageMamma

Also, have you tried to find her via the electoral register or an old employer?https://www.gov.uk/get-on-electoral-register

Land_Registry

If you bought the property in joint names then the mortgage would also have to be in joint names if secured against the title as a registered legal charge.

It would not be capable of charging the whole property/title if in your sole name but the title was in joint names.

I assume though that you have checked the registered details already so know it is in joint names but if not then worth confirming how it is registered and how their loan is secured perhaps just to be sure.

Having said that of course the key point is that the legal ownership is in joint names and you now want to remove her.

As such you will need the two of you to transfer the ownership to just you. If that is not possible because you cannot find her then you would need to take the legal route through the court an in effect get the judge to take the ex's place in the Transfer.

A court will tend to only do this in cases where it is clear that the person is extremely unlikely to ever turn up again e.g. went abroad and is now 'missing'. Whilst your ex has kept moving around suggests she does not want to be found/traced it does show she still exists so persuading a judge to take her place may not be that straightforward - something to raise with your solicitor though to understand how the law views such matters.