Removing ex partner from property deeds?

AnnieO1234

You need a solicitor. The remortgage after any paperwork you have shows on paper that you potentially got back together, even if you didn't. That was an incredibly silly thing to do.

Did sister gift the money to you from her remortgage? Do you have any paperwork at all relating to this? Was it done through a solicitor?

You could be about to land yourself and your sister in a whole heap of a mess. xxx

TBagpuss

swingaloo wrote: »

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.

The TR1 may still be valid but I think you would now need an ID1 form.

OP, I suggest that you do see a solicitor, if only for an initial consultation. As you mention partner I assume you were not married? If that is the case, it is likely that any application you could make would be under ToLaTA, in which case, IF you follow all of the procedural rules and IF you are successful then you may be entitled to a costs order, but of course would then have the issue of getting any money out of your ex.

The 2011 agreement would be critical, and you should probably get something formal in writing to make clear that the money your sister provided is a loan not a gift.

Did you not check about the mortgage before handing over the money in 2011? If there was nay doubt about being able to release him from the mortgage it would have been possible at that time to have had a declaration of trust to say that even if he stayed on the deeds, you were the sole beneficial owner - are you sure that wasn't done?

It may be that the first step would be to get a solicitor to do a formal letter before action warning him that if you have to apply to court you will be seeking your costs, but I would not recommend that you do this yourself, as if you get it wrong then it could jeopardise your claim and your chance to get costs.

PeacefulWaters

fourteen0407 wrote: »

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

Doing this incorrectly without a solicitor could end up costing you half the equity in the property.

Get proper legal advice.

fourteen0407

hi thankyou all for your replies,

if i may just clarify a few points.

i could not use the orginal tr1 and ap1 as they have to be submitted within 3 months of signing them and it took 5 years to get to the point of being able to apply.

also by 2016, the land registry inrtroduced a 3rd form and id1 which i also now needed him to sign.

we were not married.

as for my sister, she has loaned me the money so i can redeem the mortgage and remove him from the house, it was the only way as the bank refused to remove him.

in respect of extending the mortgage term, i did not actually re-mortgage, in 2014 my 5 year fixed rate term come to an end and it went onto the varaible rate and as such my payments went up, the bank offered a lower fixed rate deal for 2 years which expired on the 30th april 2016 and i then redeemed the mortgage.

TBagpuss,. thankyou for your valuable advice. unfortunately i didnt check with the bak to see if they would remove my ex before we handed over the £5000 to him and got him to sign the tr1 and ap1, my solicitor did not advise me either, so there was no declaration of trust signed, just ap1 and tr1 forms.

as for my sister loaning me the money, why would that be of concern to the court, does it matter whether she loaned it or gited it?

antrobus

fourteen0407 wrote: »

...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.....

I would argue that what happened in 2011 was that you purchased your ex's beneficial interest in the property for £5,000. Your solicitors should really have drafted an agreement to that effect, and told you that lender might not agree to removing your ex's name.

If your ex is now refusing to sign the necessary forms, you're going to have to go legal again.

P.S. I can see what happened. He wanted out when his name was on the mortgage, and it was effecting his ability to borrow, but now that you have repaid the mortgage you've solved his problem.

fourteen0407

antrobus, lol exactly that. he was happy to accept £5000, and for whatever reason my solicitor did not get him to sign any agreement apart from the forms and since he left i have paid off the mortgage, and now he has realised there is no mortgage, he wont sign the transfer forms.

i just want to know if i will have a leg to stand on if i went to court,

and also i was reading i have to begin with mediation but dont know where to go for that.

AnnieO1234

The issue with your sisters loan is if Ex comes back for his share of the property. You've just gone from X% equity to 100% if this hasn't been done as a private mortgage deed. That could be an awful lot to tempt the ex into asking for more.

Imaginary tack he could take, "well, I stayed on the mortgage rather than handing the keys back to the bank, by OPs own admission:

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,

I was paying high rental costs because I wasn't mortgageable with a mortgage already. I've suffered because of this financially, I deserve my portion of the 100%."

However, you state that the £5K was paid via the solicitors. In my view they have been negligent if they've paid the money to him and not continued to execute the agreement and deeds. You need to go back to them and find out what went wrong, and what they're going to do to rectify it.

Xxx

fourteen0407

wow excellent points, your right about the solicitors, the £5000 was paid through them, and my partner come to their office and signed the forms, they then certified them, and now i remember i did ask the bank then if i can remove him but they said not yet as there had been arrears in the past, so my solicitors forwarded me the certified forms along with a copy of his passport certified by my solicitors, and a covering letter(from my solicitors) telling me that once the bank agree to transfer that i should submit the papers.

fourteen0407

but after a year or so i asked the bank again and they said no again

clairec79

Surely the issue is going to be that 6 months AFTER you paid him the money to buy his 'share' of the house you then jointly signed another loan - ergo giving him back the share