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History: Home UK Divorce Forum
Topic:
removing a name from deeds (4 Posts)
Started By:
Date:
30 January, 2017 04:22PM
removing a name from deeds
summer1234 - 30 January, 2017 04:22PM
Hi. Can someone advise me on how to remove my ex from the deeds to the house. Currently in joint names as is the mortgage and I intend paying the mortgage off once deeds have been amended. Do I need a solicitor / do I get forms and do it myself? Also once deeds are in just my name, does this mean I own the property solely if no mortgage? Help appreciated!
Re: removing a name from deeds
Andyk - 30 January, 2017 04:39PM
If there is a mortgage you will need to get the bank/building society to agree to take your ex off the mortgage. If they don't accept just you taking the mortgage over then I don't think you will be able to do this - I certainly wouldn't agree to give up my name on the deeds to a house if I was still liable to make the mortgage payment unless it was order by the court.
Re: removing a name from deeds
summer1234 - 30 January, 2017 04:46PM
hi thanks for response, I have paid the mortgage solely for 3 years and already aid a settlement figure however had it drawn up legally that his name would remain on the mortgage and have no responsibility for payments and relinquish all rights on the property.

When I apply to remove him from the deeds I will be paying the whole mortgage off so he wont remain on there. I dont think he will say no to removing from the deeds in this case. If he comes off the deeds, what do I need to put in place to ensure I own the property ... if there was no mortgage obviously there wouldn't be a loan on the property. Do I legally have to do anything to gain ownership or is the deeds in mine name..it?
Thanks
Re: removing a name from deeds
davidterry - 30 January, 2017 06:04PM
The mortgage lender will insist you use a solicitor in these circumstances (that solicitor acts for the mortgage lender but you pay for it). You could first pay off the mortgage and then change the title deeds to your sole name. You could do it that way without using a solicitor but I wouldn't recommend it because you then run the risk that the other joint owner would refuse to sign the transfer document.
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