Crosswords4 mins ago
Remove my ex from our house
3 Answers
I have split up from my ex and need to get her legally removed from the deeds on our house.
We have agreed a settlement figure and I have the cash to buy her out straight away. I have been told that if I go to the solicitor they can provide me with a letter which my partner can sign and along with removing them from the deeds through the land registry completely remove her interest in the property. Is it as simple as that?
Also we are both still on the mortgage, do I have to inform the mortgage company that she no longer has an interest in the property as I plan to take out a new mortgage with a different company once the introductory period finishes (in a couple of months) and I don't want to get charged to remove her from the mortgage only to cancel it anyway.
We have agreed a settlement figure and I have the cash to buy her out straight away. I have been told that if I go to the solicitor they can provide me with a letter which my partner can sign and along with removing them from the deeds through the land registry completely remove her interest in the property. Is it as simple as that?
Also we are both still on the mortgage, do I have to inform the mortgage company that she no longer has an interest in the property as I plan to take out a new mortgage with a different company once the introductory period finishes (in a couple of months) and I don't want to get charged to remove her from the mortgage only to cancel it anyway.
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If you were not going to change your mortgage then you would have to tell the mortgagee about the transaction with your ex, and get the mortgagee's consent. However as you are going to remortgage you could tie everything up to happen at the same time. You and your ex will need to sign the Land Registry form TR1 that your solicitor will prepare. This can then be registred at HM Land Registry when the new mortgage is registered. If your ex is ex wife then you ought to get all the financial matters wrapped up in a court order in divorce proceedings. If she is ex girlfriend then it is useful if the deal is recorded in writing so that you and she both know what you are getting, and cannot argue later on.
As you have a Mortgage your Mortgage Lender will insist upon doing all of the work in this (theirs and yours) both at the Land Registry and with the Revenue under the heading of "Transfer of Equity". Simply write to them (either the existing Lender or a new one) setting out your proposals and they will take over and guide you on from there. A charge of about �250 + VAT is usual. Some circumstances incurr a Charge to Stamp Duty, so be sure to check this with them so that you do not receive an unexpected bill. Some Lenders insist that your ex instructs a solicitor and this must be accepted.
Just a point to consider - your partner not only has an interest, but a liability in the property, and thus the mortgage payments, therefore you cannot simply add or remove people as you wish. Transfer of deeds is a simple conveyance that your solicitor will sort out for you - why are you here - that's what solicitors are for.
Land registry holds interetst in incumbrances on registered propert in England and Wales - i.e. Class G for a monetary interest - these have have to be valid to make any claim, and will be removed, again by your solicitor as part of the conveyance. Sort it out and go and see your solicitor. Good luck.
Land registry holds interetst in incumbrances on registered propert in England and Wales - i.e. Class G for a monetary interest - these have have to be valid to make any claim, and will be removed, again by your solicitor as part of the conveyance. Sort it out and go and see your solicitor. Good luck.
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