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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex girlfriend and i bought a property together 5 years ago

Customer Question

My ex girlfriend and i bought a property together 5 years ago and split up after 8 month after that. The house was 60% financed by her divorce settlement but we both entered into a £130000 mortgage which she has paid since I left. I have no interest in the house and do not wish to incur large legal bills for either of us. She has told me that she can now raise a mortgage on her own. I have received legal papers from what seems to be the lenders solicitors requiring that i just sign, without mention of my release from my mortgage obligation. I want to make this easy but what do i do. I do trust her but I do want to be sure that if she fails at any point to secure her mortgage that I will still be liable.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the name of the form that you have been sent?
Clare
Customer: replied 2 years ago.

Hi Clare. 8

I'm at work at the moment. 2 forms both headed land register I think. To transfer property to her name.

Expert:  Clare replied 2 years ago.
Hi
When you look at them tonight can you check if there is any provision for the Mortgage Company to sign them as well
Clare
Customer: replied 2 years ago.

No there are not.

Expert:  Clare replied 2 years ago.
Hi
Is she changing to a different Mortgage Company?
Clare
Customer: replied 2 years ago.

I think so. the forms are land registry rx3 & tr1

Expert:  Clare replied 2 years ago.
Hi
In that case there is not a problem - she will have to redeem the existing mortgage before registering the Transfer.
In order to protect yourself when you send the signed documents back to the Solicitor tell them that you expect them to hold them to your order pending the redemption of the existing mortgage.
I hope that this is of assistance - please ask if you need further details
Clare

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