removing name from title deeds

Alexst19

Hello

Any help or advise please

In 2007 i took joint morgage (as i can afford morgage on one name) Co borrower never payd for margage and for any bill. In 2012 co borrower sign private paper where stated what she dont have any claim to house or contest, as well what she not gone pay any morgage and i pledge to remove her name as soon as can afford. Same she receive gbpxxx for this and bank transfer present for record. Now i manage to sort issue with bank and bank alloud to remove second name from the morgage. But my issue is what second person not going on contact, second person just dont care about it at all. So i need going to court probably. Any help, advise - what sord of form i need fill, and what i need doing.

At this moment - i have permission from bank to remove name - but for this i need second person to sign "treaty right" (if i correct) - but she not going  on contact. I have paper from 2012 where she inform what she never payd and not gone pay for morgage and what all property was devided in 2012 and she receive sum, so she not have any claim to home or contest in future. And paper to confirm bank transfer.

Any advise or help please as i have 3 months to sort this as bank put time scale if i want remove name

With regards

kingstreet

A party is usually removed from mortgage and ownership by solicitor under transfer of equity at the same time.

canaldumidi

just to be clear,  are you and the co-borrower also registered as joint owners of the property? I'm guessing yes. So ownership of the property needs to be transfered from you + her, to just you, at the same time as you either take over the current mortgage or take out a new mortgae in just your name.

Transferring ownership can be done in 2 ways: 1) the 2 current owners both sign form TR1 naming you as the new (sole) owner.Or 2) a court orders the transfer of ownership.

Option 2 will take time and will be expensive, especially if she defends your claim ad it becomes a legal battle. Yes, the documents she signed in 2012 willhelp you, but the court will look at all the facts before deciding. Are/were you married? Children? Many other details may become relevant.

So pursuading her to sign is by far the best way forward.

Alexst19

Hello Many thanks for your reply.

Yes, its 2 name on property deed

Not we never was married. Have 1 child from this person, but by court order child live with me without any contact with mother. From first day of the morgage all bill going from my account and morgage provider send paper to confirm this.

Main issue is what she just ignored my request to come to solicitor as she dont care aboit it.

If i do this without solicitor did it still gone cost lot just for court? Did its not must be simply process as she dont have any (if i correct how its call) "benificial interes" (as she never made any contrubution to the morgage). And actually she not just sign paper with consent to remove name, but she took money for this.

Maybe you can advice anything else?

MAny thanks

With regards