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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11669
Experience:  30 years as a practising solicitor.
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My sons ex partner wants name of title deeds. How does he

Customer Question

My son's ex partner wants name of title deeds. How does he go about this? Live in Scotland Ann

Submitted: 4 years ago.
Category: Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Is there a mortgage on the property?

Customer: replied 4 years ago.

Yes

Expert:  JGM replied 4 years ago.
In that case the first stage is for both of them to apply to the lender for permission for your sons ex to be removed from the security over the property. This application is commonly called an application for transfer of equity.

Assuming this is granted, the lender will issue instructions to your son's solicitors to vary the security (mortgage) over the property. They will draw up a Deed of Variation of the security and also a Disposition (title deed) transferring the property from joint names to his name. A renunciation of occupancy rights and a declaration of solvency will also be required to be signed by his ex.

The ex partners lawyers will examine all of these documents. They should provide a Search disclosing no adverse entries against either party on the Land Register or Personal Register, ie, neither of them has been sued by a creditor who has put a block on the property transaction.

That being the case the deeds can be signed and registered.

They will each need their own solicitor. The total cost will be about £1000 and VAT and outlays which will depend on the value of the property.

So the immediate answer to your question is that he will have to see a solicitor for this to be done as it is essentially the same as a sale and purchase transaction.

Happy to discuss further any specific points.