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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I purchased a property with my ex girlfriend just over

Resolved Question:

Hi,
I purchased a property with my ex girlfriend just over 9 years ago. We had equal shares in the property and had a joint mortgage. In January 2014 we seperated, we decided that I would keep the house in exchange for £3500 and the car which we had recently taken out a loan for in my name. We completed a deed of trust which we both signed to say that in exchange for the cash and car she would give me her share of the property so would then have a 0% entitlement. This was done professionally and registered with the land registry. We carried on with a joint mortgage which I paid as I could not get a mortgage on my own. I have now put the property on the market as I want to buy a property with my new partner but my ex has now contacted me to say that the estate agent should not of put it up for sale without her say so and that she will have to sign the property over to the buyer as she still has her name on it and wants £1500 in order to do this. Please advise as to wether I can sell the property without her signature and where I stand with her attempted blackmail
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Your ex is correct - you will need her co-operation to sign the sale documentation unless you are holding a pre signed TR1However you can apply to the court for an Order that she signs the paperwork based on the Declaration of Trust that she has already signedHowever you will need to blaance the delay and the court costs against what she has asked for to see if it is worthwhile!Please ask if you need further detailsClare
Customer: replied 1 year ago.
She currently lives abroad though so would she need to fly to England to sign the document or could I post one of these tr1 forms to her to sign?
Expert:  Clare replied 1 year ago.
Could you get her released from the mortgage now then?
Customer: replied 1 year ago.
Yes I could get a mortgage on my own now
Customer: replied 1 year ago.
Also when the sale goes through would the money then get paid into my account only?
Expert:  Clare replied 1 year ago.
The easiest option (although not necessarily the cheapest) would be to deal with this issue prior to the sale.You will need to contact the mortgage company and obtain her release and have the property transferred into your sole name.Once you have done that then you can sell the property.Another option is to get the TR1 signed by your ex (if she will sign it) transferring the property into your sole name; then hold it until the sale goes ahead and the purchaser can then register the two transfers together.The final option is to get your ex to sign a letter confirming that you can deal with the sale alone, and then forward all the paperwork for her to sign regarding the sale - including the Questionnaires; the Contract and the TR1
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