Can anyone help me get my ex husband's name removed from the house?

[annie2355]

My ex-husband left 2 years ago and we are now divorced. He wants nothing to do with me or the house, which is fine by me. We both want his name removed from both the deeds and the mortgage. Unfortunately for me, he hadn't paid the mortgage for 6 months before he left (that was his part of the bills) so I have been struggling to keep the roof over my head. I know I cannot do anything about the mortgage as I am in arrears with it, it has a suspended repo order until I can clear them, and I am currently long term sick after an operation that developed complications. But I have been told that I can at least get his name off the deeds. He is, of course, more than happy to do this. I just need help/guidance about how to go about it so that it is done properly and legally. I have looked at the Land Registry website and found what I think are the right forms, but they have legal terms in them I am not sure of and I cannot afford to get a solicitor involved (as have been given an estimate of £1000) as currently on benefits and this is not a legal aid category. Can anyone help me fill out the forms? I also want to change my name on the deeds back to my old name. Any help/advice would be greatly appreciated. Many thanks.

[redcrx]

who advised you that you could get him name removed from the deeds?

I cant see the mortgage company allowing it if his name is on the mortgage

[annie2355]

Hi there, I was told by the solicitor who gave me the estimated cost that the 2 are completely separate, and that whilst I cannot get his name off the mortgage until I've repaid the arrears, got the repo order lifted and can prove I can manage the mortgage on my own, and in any event may have to remortgage on my own. But the Land Registry deeds are a separate matter, nothing to do the the mortgage provider, as we are not selling any of it, just removing ex-hubby's name from it. Is this not the case then?

[bednobs]

no it is not

[redcrx]

a call to the mortgage company will answer your question. Best to check before considering paying out £1000 to a solicitor

[bushbaby_de]

^^^ especially to a solicitor who doesn't seem to know the law. The two are intrinsically linked I'm afraid, you won't be able to change the deeds until you sort the mortgage. It is classed as a conveyance therefore stamp duty etc may also be payable and you may need to remortgage.

[society]

On here I think there are much smarter people than your solicitor!

[dzug2]

The mortgage company will have registered an interest in the property and is entitled to object to your husband's name coming off the deeds - and the Land Registry will not process the transfer without their agreement.

They most certainly will object.

The form filling isn't realy the problem - it's what the forms are asking the LR to do.