The only way to remove her is with a court order or consent of the Trustee in bankruptcy because her interest is now vested in the Trustee.
At this stage I would contact the trustee.
You will need to prove what the house is worth and what equity is in it. He may want her share bought out by you if it has any value.
Can I help further?
Thank you this advise is exactly what i wanted to back up as this is what i had gathered as being correct myself. I have spoken to the land registry, the official receiver however both advised i sought legal advice. By using this service i needed to see a professional write the same as what i had gathered and to be my understanding. I wanted to double check.
The said property is in negative equity, official receiver requests i send property mortgage balance evidence, a valuation of the property and if satisfied a Fee of £1000 plus £211 solicitors fees is payable andtransfer of land is done to me.
Can i ask, my ex will remain on the mortgage till i am in a position with lender to take on mortgage in my own name, can my ex try to come back at a later point to gain for herself? I do not envisage my ex will willingly agree for her name to be removed ever. If i take out a new mortgage product that replaces the current joint does my ex need to approve or sign anything? Can she stop it ?
Once she is off the title she has no legal claim although that doesnt stop her saying she signed the transfer to you under duress.
However she lost her financial interest in the property when she went bankrupt.
The trustee in bankruptcy, therefore, can transfer her share of the property to you .
So, even if she signs a transfer deed to you under duress (which she does not need to do because the trustee in bankruptcy, a court officer, can can sign). She has no interest in the property because it belongs to her creditors/trustee .
You will not be able to remortgage the property, however until until such time as you have a transfer deed removing her name from the property.
The conveyancing solicitor who deals with your remortgage will deal with all this as a matter of course . But at least now, you know how it can be done and that there are few pitfalls for you, if any, , if the job is done properly.
Hi, my ex had an occupation order in place whilst residing in the property, now she has moved into her own property elsewhere does this mean the order is finalised/ended. Does she now have no rights to return or re-enter the property given she has no claim over the land registry given her bankruptcy?
Secondly am i within my rights to change the locks? I want to rent the
property out to save repossession and further damage to my credit rating.
She has legal but not financial /equitable interest because her name is XXXXX XXXXX deeds. Until her name is XXXXX XXXXX she can come and go as she likes.
You are probably going to have to make application to have order revoked on basis that she no longer lives there. She can decide to come and go just to be awkward if you dont and in any event the order is for her to live there and you not. Better be safe.
Youcan apply to court for an occupation order to exclude her.
Beforedoing that, I would bring her actions to the attention of the trustee inbankruptcy.
Toget her name and the trustees interest removed, you need to negotiate with thetrustee to buy out her interest.
Shecan always get back in (although not change the locks, as indeed neither canyou), provided she remains on the title. Bring to her attention that the locksbelong to you and if she breaks them, it is criminal damage and you will referthe matter to the police. Some police forces will take it on board. Others willsay it's a domestic and leave you to it.
Theonly way of stopping the house being repossessed is to make sure the mortgageis paid up to date
Make sure that you support the application with a witness statemnt. Ask for the court to order consent to rent or you could ask the Trustee in bankruptcy.
The TiB is entitled to 50% of any rent suplus after paying 50% of bills and 50% of mortgage
You make the submission and the court will give youa hearing date.
If it is urgent you need to attach a letter saying whay and ask for it to be heard at the earliest opportunity.
Bring the urgency to attention of court staff.
Make the urgent reasons short and concise.