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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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My ex partner moved out of the joint property nine months ago.

Customer Question

My ex partner moved out of the joint property nine months ago. I increased my mortgage to pay her half the equity and she signed a declaration to the mortgage supplier stating she no longer had any financial interest. We have two children together - one lives with her and the other lives with myself and my new wife. I married a month ago. My ex partner and I were never married. I have just had the title deeds drawn up to take my ex partner off the deeds but she is refusing to sign as she wants more money (the property has increased slightly in value since I paid her off). Can I get her off the deeds via a court orde? What rights does she have?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare a
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
How much did you pay her and what is she now asking for?
How old are the children?
Clare
Customer: replied 2 years ago.
The property is worth about 365k and the mortgage is 200k. I gave her 70k back in September which she asked me to put in the childens accounts. The youngest child is six and lives with her. The eldest is twelve and lives with us. She hasn't actually asked for any money - just refusing to sign over the deeds "until the property is sold" so we are assuming she wants more. She's very angry about the split...
Expert:  Clare replied 2 years ago.
Hi
In September how much was the property worth and what was outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
In September it was worth 320ish. The mortgage was 140. I got the property cheap because I bought it off my dad and he gifted me 40k towards it. So we agreed a settlement if 70k. I gave her 60 at the time and the other 10 in January.
Expert:  Clare replied 2 years ago.
HI
Was there anything in writing about the agreement?
Clare
Customer: replied 2 years ago.
No.
Expert:  Clare replied 2 years ago.
Hi
No emails/texts about the money or anything similar?
Whose name is the mortgage in?
Clare
Customer: replied 2 years ago.
No, no emails - maybe texts. She got a quote from an estate agent and I looked on zoopla. Obviously I have bank statements with transactions and she wrote the letter to the mortgage saying she had no financial interest in the property
Expert:  Clare replied 2 years ago.
Hi
Whose name is on the mortgage?
Clare
Customer: replied 2 years ago.
Just mine now
Expert:  Clare replied 2 years ago.
Hi
But the actual property is in joint names - may I ask why this was not dealt with at the time?
Clare
Customer: replied 2 years ago.
Because she wanted the money quickly to move out and rent a property. I had to take her off the mortgage and remortgage to get her the money and I couldn't get the title deeds sorted until she was off the mortgage. She said at the time she would be happy to sign the title over
Expert:  Clare replied 2 years ago.
Hi
Did the solicitors not suggest that it was done at the same time (I am curious as it would have been simple to do)
How much extra has she asked for?
Clare
Customer: replied 2 years ago.
We were told that we had to get her off the mortgage first, before we could persue the second stage of getting her off the deeds. That's what Nat west told us. She hasn't actually asked for any money - simply refusing to sign over the deeds. We are making an assumption that it is because she wants more. Her main agenda seems to be keeping control over myself and my new wife. My question is simply what rights we have to get her to sign and how we do it
Expert:  Clare replied 2 years ago.
Hi
You may have cause to complain about the advice given by Nat West.
In fact the easiest way is to deal with the Transfer of equity would have been as part of the Remortgage process - and you should write and ask Nat West for an explanation of their advice and compensation for the extra legal costs you are going to incur
With regard to the property you can apply to the Court for an Order under the Trusts of Land and Appointment of Trustees Act that your ex transfers the Property into your sole name on the basis that when you paid her last year there was an agreement between you that thereafter the property whilst held in joint names was held for your benefit alone
Given all the evidence you have of the remortgage and payment I have little doubt that you will be successful
However there will be legal cost involved and it may be easier to offer her a further £5000 instead
I hope that this is of assistance - please ask if you need further details
Clare

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