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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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How do I go about getting my ex partners name off a property

Resolved Question:

How do I go about getting my ex partner's name off a property we bought in 2001. He abandoned the property in 2007 and I am being threatened with the sale of my home for debts he accrued around the time he left. There are charges pertaining to him on the property; he did sign a transfer of equity form in 2008 but the building society refused to transfer it. I have been paying the mortgage by myself all this time
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other charges are there against the property?
Can you now get him released from the mortgage?
Clare
Customer: replied 3 years ago.


Thanks Clare


 


I am not sure how much the house is worth but as at Apr 2013 there was £151,010 outstanding (£130K for the mortgage and £21k a re-


mortgage). The other charges are to do with his credit card bills.


How can I get him released from the mortgage? He signed the transfer of equity form in 2008 but the building society refused to acknowledge it. He abandoned the home in 2007 and has not paid a penny not that he was contributing much before then.


 


He is now married and living happily somewhere with his wife. I am going to reply to the threatening solicitors and provide his mum and sisters addresses and his NI number so that they can trace him that way

Customer: replied 3 years ago.


There should be in the region of £120K equity I supposed before the credit crunch it was closer to £200K

Expert:  Clare replied 3 years ago.
Hi
Have you spoken to the Mortgage Company about what they require to release him?
Clare
Customer: replied 3 years ago.


The mortgage company, as in my lenders? They wanted me to make up the difference in 2008 due to affordability - monies I cannot afford but I have been paying the mortgage without fail - with a lot of sacrifices

Expert:  Clare replied 3 years ago.
Hi
Who has threatened to sell the house?
Clare
Customer: replied 3 years ago.


Solicitors acting for debtors - they are called Wilkin Chapman LLP in Grimsby

Expert:  Clare replied 3 years ago.
Hi
Have they already got a Charging Order?
Clare
Customer: replied 3 years ago.


I am not sure what that is but they've said that they will be going for an sale order in the next two weeks

Expert:  Clare replied 3 years ago.
Hi
Has the charge actually been registered against the property already - is it on the Title deeds?
How much is the equity an dhow much is the debt?
Clare
Customer: replied 3 years ago.


I know the credit card ones are; I am not sure about the one that these solicitors are dealing with, I would have get details from the building society


 

Expert:  Clare replied 3 years ago.
Hi
Did you not attend court when these were made?
Clare
Customer: replied 3 years ago.

I wasn't asked to attend court and if I was I missed it in the letter - I had to control my blood pressure after a scare or two. I returned all letter addressed to my ex to sender


I replied to one of the letters saying he did not live here anymore but they didn't care. The law is always unkind to the innocent

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you cannot transfer the property into your sole name unless and until you are able to persuade your Lender to release him from the mortgage - or you are able to remortgage to change lender.
He has already done what is required by signing the TR1 - the rest is down to you.
You may need to speak to a mortgage broker in order to achieve this.
So far as the debts are concerned you should have attended court at the time the Charging Orders were made with a copy of the TR1 to show that he no longer had an interest in the property You are left now with applying to have them set aside - and I am afraid that the costs of doing so will fall to you
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks Clare, I understand I can do this by getting a court order. How can I do this?

Expert:  Clare replied 3 years ago.
Hi
Do you mean forcing the lender to agree to the Transfer .
If so then I am afraid that is not the case - there is no law that allows for this I am afraid
Clare
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