how do i get my x off the deeds

chunda

Hi I need some massive help her. Have lived in the property for 25 years this August, property was signed with my x partner as equal shares. We split up and he moved out over 20 years ago and has never paid any mortgage payments or monies towards child who is now an adult. I paid the mortgage myself in full last year on the say that for 25k he would remove his name from the deeds, and yes surprise he is now saying he's changed his mind. Plenty of questions. How the hell do I get his name of the deeds, would it mean taking him to court and how high risk am i to win let alone the costs. Can I change the title deeds via the land registry to non equal share ( sorry unsure what the term is called ) How the hell do i stop him from re mortgaging or the likes considering his name now sits next to mine on a non mortgaged fully payed up house. It has taken me 6 months to get a capital raise against the property and at the very last hurdle him signing transfer of deeds he has decided he's not sure what he wants to do. I have also found out that how we signed the house many moons ago means i cannot write a will and leave the property to my children if I die he gets the house and visa versa. So would a change on the title deeds help mer to write a will for the children and for him to not inherit it. We were never married just so you no, would be appreciative of any advice or help anyone can offer, many thanks

G_M

You need to switch ownership from Joint tenancy to tenants in common. That means you can leave your share to your kids in your will.

But, as with selling, you'll need his cooperation/consent.

The alternative is court action which will need a solicitor, and expense. Avoid this if you can, but if it's the only way........

gembert83

If you have not already done so you need to sever the tenancy if you own as joint tenants so you own as Tenants in common - check your land registry title, if there is a Form A restriction noted in the Proprietorship Register you already own as tenants in common. If not there is an SEV form available on the land reg website which is free to submit, Have a will drawn up leaving your share in the property to whomever you wish it to go to. Owning as tenants in common (unless evidence to the contrary such as Declaration of Trust) will mean you hold the property 50/50.
You cannot remove his name from the title, you also cannot sell without him being a party to the transaction and signing the necessary documents.
Neither of you can mortgage the property as both of you would need to sign the mortgage deed.
You really need to see a solicitor about this.

TBagpuss

You can 'sever the joint tenancy' which means you and he would each have separate shares of the property, so that you can then leave your share in your will.

You can't change the deeds to unequal shares without his cooperation,or a court order.

If you went to court then there is a reasonable chance that a court would take into account your respective actions and any evidence either of you gave about your intentions, but it is *very* fact specific so you would definitely need proper, expect advice from a solicitor with expertise in dealing with TOLATA cases.

Your ex can't remortgage the property without your cooperation any more than you can do so without his.