Editor's Blog2 mins ago
transfer of equity problem?
A divorced friend of mine's ex husband transfered his equity to their house over to my friend. However we have just discovered that he had his signature to the transfer witnessed by his mother - a relative. It should have been an independant witness. Since this discovery her ex is now saying that the transfer is not lawful and is now demanding more equity. However my friend is shown on the land registry as now being the sole owner. This was all done through a solicitor.
Question:- Is the transfer of his equity now automatically not valid in law or are there other matters that need to be present.
Question:- Is the transfer of his equity now automatically not valid in law or are there other matters that need to be present.
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For more on marking an answer as the "Best Answer", please visit our FAQ.geoffring, get your friend to speak to a lawyer, pref the one who did the transfer. ive got a similar problem whereby my ex transfered his property into my name and the person who witnessed his signature, did not actually witness it in his presence, i have now been in a 3 yr dispute with him at the land registry and am still waiting for the tribunal hearing decision. did your friend take on a mortgage?
Hi Jaycee401
My friend had, what was a joint mortgage in her name and her ex's, transfered to her name only. She is now paying her mortgage on what is now shown on the Land Registry as being her house. She paid her ex �10,000 for his full transfer. Everything was conducted through a solicitor, including his payment.
This may be of interest but if hers - and maybe your ex - did not abide by the legal terms of the transfer it occurs to me that both may have commited an offence of deception specially in my friends case as he took the �10,000. Both must have been aware of the legal needs of the transfer via a letter from solicitors.
Any thoughts on this? Sorry about the delay in replying.
cheer
My friend had, what was a joint mortgage in her name and her ex's, transfered to her name only. She is now paying her mortgage on what is now shown on the Land Registry as being her house. She paid her ex �10,000 for his full transfer. Everything was conducted through a solicitor, including his payment.
This may be of interest but if hers - and maybe your ex - did not abide by the legal terms of the transfer it occurs to me that both may have commited an offence of deception specially in my friends case as he took the �10,000. Both must have been aware of the legal needs of the transfer via a letter from solicitors.
Any thoughts on this? Sorry about the delay in replying.
cheer