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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34744
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to transfer my mortgage to my sole name. My ex

Customer Question

I would like to transfer my mortgage to my sole name. My ex partner has signed a Declaration of Trust some years ago and the mortgage provider has no problem with it but I have been told that unless my ex partner signs a Declaration of Solvency nothing can be done so does this mean I can never have his name removed ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Who has told you this?Will your ex sign the transfer?
Customer: replied 2 years ago.
Hello Clare
My current solicitor has said he cannot complete the transfer of equity without signed dec of solvency and ID1 form from my ex.
Louise
Expert:  Clare replied 2 years ago.
Hi
Is there actually a signed TR1 already?
Clare
Customer: replied 2 years ago.
Yep - got an RX4 and TR1 back from him already
Expert:  Clare replied 2 years ago.
When were they signed?
Customer: replied 2 years ago.
Sep/Oct 15. The deed of renunciation was signed June 2009
Expert:  Clare replied 2 years ago.
But you do not wish to ask him for these other documents?
Customer: replied 2 years ago.
Cant - dont know where he is, have no contact, dont want to make contact as he was abusive
Expert:  Clare replied 2 years ago.
HiThe Declaration of Solvency is NOT necessary as it is simply a protection for you so that if your ex goes bankrupt within the next five years your property will not be at risk from his Trustee in BankruptcyThe only exception to this will be if it is a requirement of your lender.However the ID1 form IS essential so I am afraid that you are going to have to ask an Enquiry Agent to find your ex's address so that the solicitor can send the form to him.I am sorry to give you bad news - please ask if you needs further detailsClare
Customer: replied 2 years ago.
Thank you Clare. I hope he signs it. I suspect I wont be able to sell my house until he does?
Expert:  Clare replied 2 years ago.
Hi
Not impossible 0 but harder as you will need to get a Court Order first.
You will be able to claim those costs from your ex though
Clare
Customer: replied 2 years ago.
Oh crikey. Thanks for your advice
Expert:  Clare replied 2 years ago.
You are most welcome I hope all goes well