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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34453
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband bought our flat with a previous partner. They had

Customer Question

My husband bought our flat with a previous partner. They had a legal agreement when they purchased on the percentage owned by each. When they separated (some 20 years ago), my husband bought out her share. Unfortunately, he didn't complete the formalities. We are now trying to arrange our affairs and this includes ensuring the property is in our name rather than, as current, in my husband and her name. We asked her to sign a transfer deed to register the change at the Land Registry and, while she inititally said she would, she is now avoiding his calls and not replying to messages or texts. My husband finally got hold of her (on my phone, we believe she screens calls from him) last night and she said she has a "lot on her mind" and is "too busy" to sign the deed and post it back. This has been going on six months now. Is there any way to oblige her to sign or, if not, can we effect the transfer into his name without her?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that you will need her to co-operate and sign the Transfer, as it is not possible to register anything at the Land Registry without her signature.

If she doesn't co-operate or carries on messing your husband about, the only option he has is to issue Court proceedings in order to obtain an Order /declaration that the property belongs solely to him. Such action is likely to cost thousands of pounds. However, I suggest that you contact her/write to her to say that you have taken legal advice and that unless she signs the Transfer within the next 7 days, you will have no alternative but to issue Court proceedings and will seek costs of any proceedings from her.

Hopefully, the mere threat of Court action will be enough to get her to see sense and sign.

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.

Thank you for coming back so quickly.

Could you give me a bit more info on the Order/declaration we would need to apply for at court? Is there a form/info I could download from the court service to do this myself if necessary (though I hope the threat of it alone will suffice!)? While a "promise" to seek costs of proceedings from her is one thing, getting the cash may be another.

Even if we don't have to go down this route, fingers crossed, it would be useful to know what it was so now - knowledge is power and power gives confidence.

Thanks again.

Customer: replied 2 years ago.

Relist: Other. Waiting for follow up answer but original advisor busy now & would like answer asap

Hello? Can anyone help with the follow up questions please?

Customer: replied 2 years ago.

Hello, could you please help with the follow up question below? Thank you

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Yes, please find someone else

Thank you

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
A TOLATA ( Trusts of Land and Appointment of trustees AcT) application is not easy and not just a matter of downloading a form
You can read more here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Please ask if you need further details
Clare