Is there an easy way to change from tenants in common to sole owner?

[jennyjane]

Some years back I was persuaded to sign over 2% of my home to my, then, husband. We have since divorced. However my problem is that 3 years ago he left our home and I have neither seen nor heard of him since. He still officially owns 2% of my home and I am now effectively "trapped". I cannot remortgage or move home until I resolve this situation. My divorce cost a fortune because all I had was a last known address and although served by bailiff the male there denied he was my ex husband. He evaded service of the divorce petition and I know he will do the same with any legal document pertaining to my home. How can I get him off my deeds and dissolve the contract of trust we have. My divorce cost a fortune so I do not have money to waste on solicitors dragging their feet over this, I would prefer to take it through the courts myself. Any advice would be greatly appreciated as I have no idea where to start.

[themas]

I'm not sure that this helps, but it really should have been sorted out as part of the "ancillary matters" in the divorce settlement. If it was dealt with, and the divorce settlement left your ex with the 2% then your position is difficult as you won't readily be able to sell the home without his agreement. To do so, you would have to get a Court to issue an Order for Sale. The Court would need a lot of evidence of the steps you had taken to try to trace your ex, and probably various other things. This sort of case is perhaps best dealt with by a solicitor who has the knowledge of what the Court is likely to need.

However, if your divorce solicitor knew about the 2% (I think it should have been clear from one of the forms you will have had to complete) and did not see that it was properly dealt with in the divorce you just might have cause for a complaint against him for negligence. It would depend on the precise facts of the case. You can find out more about solicitors complaint procedure from Law Society website.

[Golden Shred]

You have the right as a member of a TIC to unilaterally apply to a court stating that the members of the TIC cannot agree on its management and pleading for an order that the property be sold and the proceeds divided accordingly. These orders are seldom refused. I know of no other way to end the situation in which you are trapped. It means a solicitor, I'm afraid, as the court will take comfort from a solicitor that you are pleading the truth.

[jennyjane]

Thanks guys....I knew it wasn't going to be easy!!! What a fool... I hope this posting is advice to anyone being emotianally blackmailed... let your brain rule your heart...its hard for me to concede but I am going to involve a solicitor...lets hope this time I won't be the one who gets shafted!!!

[jennyjane]

Themis, golden shred, I really appreciate your replies. Up until now I've had no help whatsoever, I am grateful that I had the sense to search the internet and found this site. xxx