Selling my house under my married name

[marylou26]

I have a mortgage in joint names with my ex-husband, we divorced he moved out and left the house for the children and me and I have continued to pay the mortgage with no problems. After the amicable divorce I changed my name by deed back to my maiden name and had the intention of transferring the mortgage solely in my name. However, after reading the mortgage paperwork I realised that there would be a fee (which I couldn't afford extra at the time) and they obviously needed to assess my affordability which on paper wouldn't have been approved although I could afford it.

Now I am emigrating and need to sell the house only. I will appoint my own conveyancer but can I do all the paperwork as if I were still married? My ex husband has no problem signing the house etc and will let the equity go into his account then transfer to me as my bank is now in my maiden name. Would I be doing anything illegal?

Many thanks for taking the time to read this long post.

[dzug]

It depends on what proof of identity the solicitor or other person handling the conveyancing will accept - he must by law verify this before taking you on as a client.

So you are going to need to ask him.

[marylou26]

Thanks for that dzug. I cannot remember having to provide proof of ID when I sold the house last time. I'll ask what ID they need first before agreeing to anything.