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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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GA- SJB Hallo, my partner and I purchased a

Customer Question

Hallo, my partner and I purchased a house 23yrs ago in joint names. My partner left after 5 yrs and taking out Dutch nationality, moved to Holland for gender realignment. He left me a disclaimer before he left. giving me free control of the house (countersigned by the vicar). After he had gone, my solicitor send him a letter with a view to removing his name from the deeds, but he had gone and letter was returned. Since that time I've paid the mortgage, insurances and maintenance of the property. The mortgage finishes in Jan 2017 and without his signature I could find myself homeless. How do I go about removing his name from the deeds in his absence please? Thank you very much for your help. Marion XXX

Submitted: 1 year ago.
Category: Law
Expert:  Kasare replied 1 year ago.
Hi Marion
Thank you for your question, I will try and assist you with this.
Is the mortgage completely paid up in Jan 2017? If so, why do you fear you will be homeless?
Expert:  Jody-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you.
http://www.justanswer.co.uk/law/90j4a-hallo-partner-purchased-house-23yrs-ago-joint.html?rpt=1350
Thank you, ***** Support Team.
Customer: replied 1 year ago.

The mortgage should be paid up in January 2015, (although there is a shortfall with the endowment policy) I will need my ex-partner's signature to release the money to the mortgage providers. I haven't had contact with him since he went abroad.

Expert:  Kasare replied 1 year ago.

Have you spoken to the bank/mortgage provider about this at all?

Also can you advise how the property was owned? Joint tenants or tenants in common?

Customer: replied 1 year ago.

No I haven't spoken to the mortgage people. The previous mortgage company agreed to roll over the sum owing because of shortfall. This company is not so friendly.

The mortgage is in joint names. So I have either to remove my partner's name from the deeds or try and trace a possible death certificate for him. I want to sell the house and become a tenant, thus ridding myself of the shortfall and be out of debt.

Thank you e-mail *****@******.***

Expert:  Kasare replied 1 year ago.
Hi, thanks for coming back to me.
Could you just clarify the point on how the property is owned - i.e. jointly or in common?
I cannot email you I am afraid - your email address is blocked from view (the site does not usually permit details such as personal emails and telephone numbers). You need to respond here. Once you answer the last question I can advise you fully.
Thanks
Kas
Customer: replied 1 year ago.

The property is owned jointly - so I have to somehow remove his name from the deeds or obtain a possible death certificate for me to have absolute control over the house. In fairness, he did give me a disclaimer, giving the house to me when he left. (witnessed by the vicar). So I do have proof of his intent.

Expert:  Kasare replied 1 year ago.
Hi, well it is not all bad news. There is good news...you can ask the court to transfer the property into your sole name and then you can sell it.
You will need to apply to court to get the house put into your name only and an order for sale using the Trusts of Land and Appointment of Trustees Act 1996, specifically section 14. Here is the link to the relevant legislation - http://www.legislation.gov.uk/ukpga/1996/47/part/I/crossheading/powers-of-court
However, in your application (or claim) you will have to show the court that you have made attempts to contact your ex. These applications often take quite some time, so it's best to get started as soon as possible.
I would recommend that you try several routes to try and locate your ex - you can do these yourself or you can try a tracing agent, although an agent will charge you, there are some who offer a no tracing fee if they cannot locate your ex. If you wish to try yourself, it is much easier now to try and find people using the internet than it was 15-20 years ago.
You don't need a solicitor to bring the claim, but I would recommend one - preferably one who is specialised in family law and cohabitee disputes.
However, I appreciate that you are limited in your resources therefore you may wish to make the application yourself. There are 2 ways to commence these proceedings with a Part 7 claim or alternatively with a Part 8 claim. A Part 7 claim represents the 'general procedure' for applications under the CPR. The 'alternative procedure' is Part 8, and this is where "a question which is unlikely to involve a substantial dispute of fact". It is in this difference that the two procedural codes are separated: Part 8 procedure does not require a defence to be drafted, default judgment is not available and the claim will be automatically be treated as if allocated to the multi-track.
I would suggest in this instance a Part 8 claim is more appropriate.
1. You need to complete Form N208 as the claim form - here is the link: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf;
2. The Claim Form must comply with CPR r. 8.2, which requires a concise statement of the nature of the claim, any declarations as to beneficial interest that the claimant seeks and the legal basis of the claim - see r 8.2 here - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08;
3. You should also file any written evidence upon which you intend to rely on when you file the Claim Form (CPR 8.5(1)) - in this instance you could provide copies of the disclaimer and statements showing you have paid all the mortgage etc for the past 20 years;
In addition, you should ask the Court to dispense with service of the claim form on the basis that you dont know where the Defendant is, whether he is alive or not and provide details of your attempts to locate him.
I hope this assists you. I can appreciate this is a lot to take in, but as I said is there is good news here in that you can apply to the Court. I believe in all the circumstances, provided you can show evidence of your attempts to track him down, that the Court will grant you the order you seek.
I would also add, if you cannot afford a solicitor to deal with this for you, there are direct access barristers who may be able to assist on a one off basis or "as and when required" i.e. to help you draft the claim form etc.
If you have any further questions please ask.
Customer: replied 1 year ago.

DearCustomer how do I begin to thank you? You have given me hope and that is beyond price. I apologise for the hiccups in transmission - I am a 74 year old pensioner and not very handy with a computer.

Bless youCustomer- if I ever need help again I will call on you.

Thank you and best wishes,

Marion Davies

Expert:  Kasare replied 1 year ago.
Marion, I am only too glad to help and offer you some positive news!
Absolutely no problems re the hiccups in transmission, the main thing is that you got the answers needed.
Please don't forget to click rate on my answer before you go.
Good luck!
Kas

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