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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
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I bought a property with my partner on a share ownership

Resolved Question:

I bought a property with my partner on a share ownership basis 14 years ago. My partner's name is ***** ***** title deed and the mortgage. We split up 7 years ago and I have continued to pay the mortgage on my own ever since. My ex needs to have her name removed from the deeds and the mortgage, but because there are second charges to the property as a result of me defaulting on two credit card a few years back when I lost my job, my mortgage provider will not allow me to remortgage on my name. What are my options?.
Submitted: 11 months ago.
Category: Family Law
Expert:  Thomas replied 11 months ago.

Hi

Thanks for your question. I will try to help.

First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any direction made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49

If you cannot get a mortgage from your current lender or from another lender then you cannot reportage. This means that her name will remain on the property until it is sold or until you can get a mortgage offer and reportage.

At this point, if she took advice then she would be told that she can apply to court for an order for sale. Ultimately, this order would be made by the court and you would have to sell the property but you can string out proceedings on the basis of the correct valuation for the purpose of a court ordered sale.

However, if she does not take advice or actually apply to court for an order for sale then things would stay as they are.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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