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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 995
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I want to sell my house but ex wifes name is ***** ***** deeds. We were divorced 25 years

Customer Question

Hi I want to sell my house but ex wifes name is ***** ***** deeds. We were divorced 25 years ago and has had zero input on the house or mortgage.When we split we owed more on the mortgage than the house was worth.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- when you divorced did you also deal with the matrimonial finances?
- if so, did you obtain an order from the court?
- has either of you remarried?
Kind Regards
Caroline
Customer: replied 1 year ago.
A long time ago but I remember going to court. We have both remarried
Expert:  ukfamilysolicitor replied 1 year ago.
Hello

Thank you for your response.

If you can recall attending at court - You need to get a copy of the order that was made as it will be legally binding.

Whatever the court order says is the position in respect of the property.

It is often the case whereby one party remains on the land registry title and mortgage after divorce. The court order doesn't bind the mortgage company and they often like to be able to retain the ability to chase both of you if there is a shortfall. If the order says that the property was transferred to you and your wife has no interest in the property - then you should pay your ex nothing as that order is binding even if she is still named on the property.

You should contact the court where the order was originally made to see if you can obtain a copy. Also try the solicitors you used at the time - as well as your own files.

If the property wasn't dealt with at the time - then this matter would now been dealt with as a Trust of Land Act (as you have both remarried). You have to refer the matter to mediation before you take the matter to court. Make application to Court on Claim Form Part 8 - asking for a Declaration as to your interest in your property and also an Order for Sale.

Kind Regards

Caroline

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