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Mortgage in only my name, owner as just me but land registry is me and my ex

PClems
Posts: 9 Forumite
Hi I am after any help and advice I can get.
21 years ago I bought a house with my ex. Joint mortgage and both of our names went on the land registry. After 9 years we separated.
I bought him out of the mortgage so he got his half of the equity that was in the house at the time, I just left mine in the house so to speak. The buy out/ re mortgage was all done via a financial advisor so he shuffled paperwork back and forward til it was all done. Great all done and dusted, or so I thought.
10 years ago I married (someone else not the ex) and because he had some financial issues at the time we just kept the house and mortgage in my name as it was easier.
Last month we found out the land registry was still in my maiden name - I never even gave it a thought to change it to my married name! So I completed the not so straight forward AP1 form with the Land Registry people,to have it changed over from my maiden name to my married name. Received the letter yesterday that is all done but to my horror saw my ex is still listed as one of the registered proprietarys on MY house so it is me ( now in married name AND my ex)
I have read through various forums which are just making my stomach churn. IF I do sell will my ex get half of the equity I have once again built up in the house ??????
BUT MY BIGGEST ISSUE.......... is I have absolutely no way to contact my ex, we split up, sorted everything joint out we had ( so I thought) and we went our separate ways.
I have had no contact at all with him for over 11 years, I have no idea where he lives and I think he actually moved away from my area totally, we have no joint friends and the only family members he had when we were together was his mum and his brother. His mum passed away a year or so before we separated and his brother continually moved around the country so I literally have NO way to get in touch with him..........HELP.
How do I get him name OFF MY house deeds??????
21 years ago I bought a house with my ex. Joint mortgage and both of our names went on the land registry. After 9 years we separated.
I bought him out of the mortgage so he got his half of the equity that was in the house at the time, I just left mine in the house so to speak. The buy out/ re mortgage was all done via a financial advisor so he shuffled paperwork back and forward til it was all done. Great all done and dusted, or so I thought.
10 years ago I married (someone else not the ex) and because he had some financial issues at the time we just kept the house and mortgage in my name as it was easier.
Last month we found out the land registry was still in my maiden name - I never even gave it a thought to change it to my married name! So I completed the not so straight forward AP1 form with the Land Registry people,to have it changed over from my maiden name to my married name. Received the letter yesterday that is all done but to my horror saw my ex is still listed as one of the registered proprietarys on MY house so it is me ( now in married name AND my ex)
I have read through various forums which are just making my stomach churn. IF I do sell will my ex get half of the equity I have once again built up in the house ??????
BUT MY BIGGEST ISSUE.......... is I have absolutely no way to contact my ex, we split up, sorted everything joint out we had ( so I thought) and we went our separate ways.
I have had no contact at all with him for over 11 years, I have no idea where he lives and I think he actually moved away from my area totally, we have no joint friends and the only family members he had when we were together was his mum and his brother. His mum passed away a year or so before we separated and his brother continually moved around the country so I literally have NO way to get in touch with him..........HELP.
How do I get him name OFF MY house deeds??????
0
Comments
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An update.....
I have dug out all the paperwork and have the letter which says he was paid £xxxx amount following the change from a joint mortgage down to a single mortgage.
I have also found the info from the company dealing with it for the mortgage company regarding the title transfer. In the letter they say the have included the TR1 form which I had to complete, send back to them with a cheque for £293.75 and that they would then contact my ex or his solicitor to finalise the title deeds transfer. The form and the return envelope are no longer in with the letter so I am guessing I did my part and sent it back for them to complete.
My next steps were to contact them and ask why it had not been auctioned however it was Hammonds Direct who have gone into administration:-(0 -
Well step one is the Administrators for Hammonds Direct.
Step 2 is the Land Registry - just possible they received but did not action the TR1 for some reason.
3) Start again via the Land Registry. They might take action based on the history, though I expect they try to contact the ex.
4) employ a search company to find your ex- these guys can find anyone - for a prce!
But I'd try todeal with this now,not in 5, 10 years when you want o sell.0 -
My next steps were to contact them and ask why it had not been auctioned however it was Hammonds Direct who have gone into administration:-(
Actioned....?
You do at least have the paperwork relating to buying out your ex partner - do you still have the mortgage?0 -
Yes sorry that was meant to be actioned but spell check doesn't like that word so changed it to auctioned :-)
Yes I luckily do have all of the paperwork from financial advisors which specifically says the mortgage he was recommending was so I could change to a single person mortgage and pay my ex his equity, I have the letter from Hammond Direct which gives a breakdown of the new mortgage and how much was being paid to my ex as a cheque etc
Oh and yes while the initial buyout mortgage was a fixed 5 yr rate which ended years ago I stayed with the same mortgage provider so I am still with that company0 -
Have you checked with the mortgagees what paperwork/documentation they hold about this matter?0
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It reads as if the Transfer was not completed by both if you and then registered. You should pursue this with the firm/administrators if only from a monies paid for a job not completed angle.
If you can't find an executed Transfer by both of you to just you then you will need one. So you will need to trace him and get him to complete a new Transfer and have his identity verified.
Our online guidance explains what is required
If you think it was all done and applied for but we failed to register it then contact us so we can check. In my experience that's the longest shot though“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
I have done a bit more digging. My house has both a freehold and leasehold title on it ( I did not know that).
The freehold title is in my maiden name, shows me as the only registered owner and has the mortage company correctly showing as Bank of Scotland. So this is the title as it should have been when I bought him out and it should have transferred to just me as the registered proprietor.
The leasehold title is now in my married name AND has my ex's name. So the name change I sent was actioned against this leasehold title deed only.
So why as only the freehold title deed changed when I bought him out and not the leasehold deed at the same time ????0 -
Hi
Please see my update about freehold AND leasehold. Freehold was changed when I bought him out, leasehold was not but has now been changed to my married after I submitted the AP1 form a few weeks ago but this leasehold title still has his name on it.
Is there anyway to get my leasehold title changed to just my name with him not being involved i.e. Can it be done through a solicitor?0 -
What does the lease relate to? Is it a sublease of the whole property, if so when does it expire? Or is it a lease of a separate part eg garage, path/drive etc.0
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