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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience:  Solicitors 2 years plus PQE
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Hello, I am currently looking to remortgage my property.

Resolved Question:

Hello,

I am currently looking to remortgage my property. However, I need to complete the Transfer of Equity as I originally bought the house with an ex-girlfirend in 2006.

We broke up in 2009 and after that she went bankrupt and I bought her share of the property from the official receivers dealing with her bankruptcy case. At the time i didnt do a transfer of equity.

Now (2014) I wish to re-mortgage in my own name the solicitors are telling me I need to get hold of my ex-girlfirend to sign the required paperwork. However, I have no address for her or any way of contacting her. Is there a way I can move forward without getting hold of her?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Did you have a contract for when you purchased the property from the OR?

Have you tried contacting the OR and asking if they will do the transfer for you?

Kind regards

AJ
Customer: replied 3 years ago.

AJ,


 


Thanks for responding.


 


She changed her number after we separated, so I have no way of contacting her.


 


I havent tried the OR yet, as I wanted to know my options.


 


Thanks


 


Jonathan

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If the property relates to her estate in bankruptcy then it is the official receiver that will have control over the assets relating to her estate.

The assets do not vest back into her name over time.

Does the equity transfer relate to an underlying deed of trust? Are you the registered legal owner?

Kind regards

AJ
Customer: replied 3 years ago.

Forgive me for requiring further explanation. Deed of Trust would involve a third party??


 


The land registry document is in both our names but I have had all financial aspects signed over to me by the OR.


I am a bit confused by the whole thing as it seems that it should bea simple case of removing her name from the registry!

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

When you purchased the financial interest in the property off the OR did you sign a contract?

What you need to do is get the Official Receiver to sign a transfer deed, transferring the legal interest in the property from her estate to your name. This is the cheapest way of doing it, otherwise you would have to go to court and get a court order.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
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