Removing ex partner from property deeds?

fourteen0407

hi all,

my name is margaret, and im sorry if this has been posted in the wrong section of the forum.

but i wanted to know what the procedure was to forcibly remove my ex partner from the deeds on my house,

about 10 years ago (Jan 2006) we bought a house, and lived there for about 18 months, both contributing to the mortgage and bills, but he cheated on me and left me to look after the house and bills on my own and i ended up missing some mortgage payments for about 8 months but cleared them eventually.

in 2011 i managed to track him down and asked he be removed from the property deeds and mortgage, he initially agreed but then changed his mind, and so i got solicitors involved and to avoid going to court, he agreed he would consent to remove his name if i paid him £5000 which i paid him via the solicitors and he signed the tr 1 and ap1 forms however the bank refused to remove his name from mortgage due to past arrears and stated they would want to wait to see if i could manage on my own, so i had no choice to continue with his name on the property.

6 months after that having now never missed a payment and cleared all the arrears i tried again and again they refused.

i told my ex partner about this and told him i was struggling with payments becuase i had come to the end of my product deal and he agreed to help me and we signed up to a new lower rate product fixed for 5 years which bought my monthly payments down,

another 5 years passed and this year in March i asked the bank again to remove his name, with the mortage now being half what it was when we took it out in 2006 but the bank still refused,

my ex was not happy saying he cannot get a mortgage becuase his name was on this property and i explained i have tried but the bank keep refusing but he became abusive.

he demanded i do something, so i spoke to my sister who agreed to re-mortgage her house and give me the funds from that to redeem my mortgage and then i can appyl directly to land registry to remove his name and i redeemed mortgage last week and contacted my ex to ask him to sign the tr1 and ap1 forms to send to land registry but he is now refusing to do so.

i dont have an address for him, only a contact no,

please can any one advice what i can do.

in 2006 jan, the house we bought was for £92,000, 10% deposit, lived there for a year and a half, when he left in 2007 august, there was still a mortgage of about £80,000. Since then he never has never contributed to anything or any bill and has never lived there.

and i have just redeemed the entrie mortgage.

pigpen

He can get a mortgage even though his name is on the one with you

He needs to sign the deeds of the house over to you so he no longer has any legal right to the ownership of the house and it is no longer classed as one of his assets. It is one form he needs to fill out and sign which I can't remember the code for.

You could go at him from the angle of if he signs the deeds over solely to you the mortgage is irrelevant (unless you default) and he can then get another mortgage for himself.

It CAN be done because I have done it.

We bought ours in 2005, he was kicked out in 2009 and the house signed to me in 2010 as part of our divorce settlement.

fourteen0407

thankyou for your response.

im sure he can get his own mortgage,

but i think now he knows there is no mortgage on this house, he wants to have a share of it and i have to stop him and force his name off the property becuase he now is refusing to sign the land registry papers

swingaloo

Dont you still have the paperwork form the solicitor saying he agreed to take his name off and showing he took a payment from you for doing so?.

pigpen

you really need to see a solicitor .. you cant force him but a judge can .. you will need to prove he hasnt paid anything and he has to prove he has

fourteen0407

thankyou all for your responses. Yes i do still have some paperwork from the solicitor, he signed the two forms that were required then to remove someones name from the register which were the tr1 and ap1 but ive mislaid the ap1 but still have the tr1 which he signed and states £5000 changed hands.

i can prove ive paid all the mortgage since he left in 2007, as the mortgage has come from my account since, he has never contributed 1p.

so can i ask what the procedure is, and what court application i have to make, can i claim my costs back if the court comes in my favour, i cannot really afford a solicitor at this point.

pigpen

no you cant claim court fees.. mine was £400 in 2010 .. it is the same fee you have to get any house sale legalised.. if there was a way around paying it i would have found it

fourteen0407

hi, i meant the fees inolved in taking my ex to court to ask a judge to remove his name, i dont want to go but he is forcing me to take action and i assumed i can claim costs from him if i won

pigpen

that depends on a lot of factors you would need to discuss with your solicitor

fourteen0407

unfortunately a solicitor is not an option as i dont have any funds available

swingaloo

If half your house is at risk you may have no choice but to get a solicitor involved. What I dont understand is this- If he has signed an agreement to take his name off the deeds in the presence of a solicitor why can you not use that. Could you not go back to the solicitor who dealt with it then and ask advice.