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land registry

Back in 2005 I bought my ex husband out of our house which included the land which is freehold. I paid the solicitor at the time an extra £40 to do this as she said that was what it would cost. I have now found that she didn't take his name of the land registry and If I wanted to sell in the future this would cause me major problems. I have a mortgage with Bank of Scotland which will be paid off in around 6 months time. Do I need a solicitor to remove his name or can I just do it my self with land registry when the house is mortgage free. The solicitors in question ceased trading around 10 years ago.

Any advice gratefully received.
Wow, I got 3 *, when did that happen :j:T:p
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Comments

  • RHemmings
    RHemmings Posts: 4,714 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    It's best to speak to the Land Registry directly. We have a very useful representative of the LR here. @Land_Registry
  • Land_Registry
    Land_Registry Posts: 6,110 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    If the property (registered title) is still in your joint names then to 'get him off' would require a Transfer by the to of you to just You - Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK (www.gov.uk)
    Whether there's a mortgage or not doesn't have a direct impact but all the time there is one you would need to contact/notify your lender as appropriate
    You can't for example apply to update the register based on something the solicitor should have done. We will always need a legal deed (a Transfer) as explained in the linked guidance 
    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"
  • Thank you for the links and advice
    Wow, I got 3 *, when did that happen :j:T:p
    It is not illegal to open another persons mail unless you intend to commit fraud - this is frequently incorrectly posted:)
    I live in my head - I find it's safer there:p
  • silvercar
    silvercar Posts: 49,298 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    eve even though the solicitors ceased trading, another firm will have taken over their undertakings. They also have to continue their professional indemnity insurance to cover any mistakes in their work that are found. I would contact the Law Society. On the face of it, they have made an error that they should pay to correct.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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