Deeds

[Tim.Jopling]

Hi there,

My Mum and my Dad divorced way back 1979 but his name is still on the deeds of the house. The house has been paid for but Mum can't sell or move because his name is still there, even though he has paid nothing. How do we go about having his name taken off? What's the procedure?

[Didwot]

Has anyone asked your father what his position is? It may be taht he is quite happy for the house to be sold. There may be a dispute as to who gets what from the proceeds of sale. I should expect that your mother retained the services of a solicitor back in 1979, and would hope that the solicitor was sufficiently awake to realise that it was necessary to get a court order sorting out your parents' finances. Your mother should look at that court order and see what it says. If there is no court order then it is possible to apply now to the divorce court, but there is no guarantee that the court will make an order giving your mother the whole of the house. If your mother has remarried then she can not even apply to the divorce court, but would be left with her beneficial interst in the house which in theory would have started out at probably 50%. If your father does not agree to the house being sold then your mother can apply to the county court for an order that the house be sold.
I suggest that she seeks advice form a solicitor.