Removal from freehold

Polish72

Some advice please.

My now ex-wife and I bought a property a number of years ago whilst married. It was a maisonette within a block of four and as such was both a leasehold and freehold. After getting divorced, I was removed from the deeds and the leasehold but the bank have constantly refused to remove me from the freehold, stating they "don't have to". Doing this myself would, according to the bank, cost around £800. This could impact my ability to buy a house in the future (I'm currently renting) let alone the fact that any time one of the current freeholders sell up or need all freeholders permissions etc, I get requests to sign TR1 and ID1 forms. 

Can anyone please advise me if it is correct that it would cost £800 and whether there is another way to remove myself.

TIA

user1977

Sorry, what does the bank (whose bank?) have to do with whether you're on the title to the freehold?

Polish72

Thank you for replying. The bank in question is the bank who we had the joint mortgage with and who my ex-wife currently continues to have her mortgage with. They removed me from the leasehold but not the freehold and as I'm not very clued up on these processes, have no idea how to have my name removed from the freehold. Apologies if my question seems obvious or naive. Regards.

user1977

The title is transferred by you to your ex, it isn't the bank who "removes" you, but if there's a mortgage the bank would need to consent to it. But given the main value of the bank's security would have been in the leasehold, it doesn't make any sense that the bank would consent to the leasehold being transferred but not the freehold. Are you saying they were asked to consent to both at the time and refused, or is it perhaps more likely that everybody forgot the freehold was involved?

eddddy

Polish72 said:

My now ex-wife and I bought a property a number of years ago whilst married. It was a maisonette within a block of four and as such was both a leasehold and freehold. 

When you refer to 'the freehold', can you clarify what exactly you and your wife own?

Assuming the 4 maisonettes are arranged as 2 on the ground floor and 2 on the first floor - there are 3 main possibilities:

• 1) You and your wife jointly own the freehold of the whole block which contains the 4 flats?

• 2) The block is split into 2 'buildings' each containing 2 maisonettes - so you and your wife jointly own the freehold of one of the buildings which contains 2 flats

• 3) You and your wife jointly own a 'share of the freehold' of the building/block

Option 3 would be the most common. But in that case, you and your wife would jointly own the freehold with other flat owners - either directly, or as shareholders in company (where the company owns the freehold).