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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10410
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I want to take my name off the land registry register

Customer Question

I want to take my name off the land registry register for a property that has a mortgage on it between myself and my husband can I do it ?
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi,

Thanks for your enquiry.

Can I ask if there is any particular reason why you want to do this?

Kind Regards

Al

Customer: replied 10 months ago.
Myself and husband are contemplating seperation
Customer: replied 10 months ago.
There's a big possibility that it won't be possible to move the mortgage to remove myself completely
Expert:  Aston Lawyer replied 10 months ago.

Hi,

Thanks for your reply.

I think you know, but if you are able to remove your name from the Deeds, you will still be jointly liable on the Mortgage unless the Lender is happy to remove your name from the Mortgage.

As regards ***** ***** name from the Deeds, this can be done PROVIDED your Lender has not entered a Restriction on the Deeds, stating that their consent is required before any dealings relating to the property take place. I would be able to check this out for you if you have a copy of your Deeds? ( around 50% of Lenders enter this Restriction).

I look forward to hearing form you.

Al

Customer: replied 10 months ago.
I do have the deeds and a copy of the register title, and yes I fully understand the mortgage implication and have discussed this with my husband and have come to an agreement to be put in place in writing regarding this but wish for my name to be removed as proprietor.
Expert:  Aston Lawyer replied 10 months ago.

Thanks.

If you can have a look at the Land Registry Deeds, and in particular the Proprietorship Register, which contains your names, is there a RESTRICTION noted in this section in favour of your Lender?

Kind Regards

Al

Customer: replied 10 months ago.
There is a section on proprietorship register that says restriction. No disposition of registered estate by the proprietor of the registered estate, or by the proprietor of any future registered charge.is to be registered without written consent signed by the proprietor for the time being of the charge dated 22/807 in favour of ... Mortgage company's name referred to in charges register... Then in c charges register the points 3 & 4 dated Aug 07 registered charge and listing prop. The mortgage company details.. So does that mean I need there permission because there's no disposition occur no money changing hands just 1name being removed from the register ?
Expert:  Aston Lawyer replied 10 months ago.

Hi,

The wording in the Proprietorship Register does mean that you would need the Lender's Consent, I'm afraid. The wording "no disposition" covers any Transfer of the property, so you will need to approach the Lender before the Deeds can be transferred.

I am sorry this is not the answer you were looking for. If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 10 months ago.
Ok so I just write to the mortgage company asking them for their consent?
If for any reason that it's not possible for them to do so, could I have anything legally drawn up to gift to my husband or children any asset in this building?
Expert:  Aston Lawyer replied 10 months ago.

Hi,

The Lender doesn't have to grant consent, unless you have a Separation Agreement or Court Order (often obtained during a divorce, stipulating who is to get what financially).

If they don't consent, you could get a local Solicitor to draw up an Agreement called a Trust Deed, which can stipulate that although the legal ownership of the property remains in joint names, that you hold your share of the property upon trust for your husband/son absolutely. (ie that they are entitled to your share in the property and you are not entitled to anything).

I hope this helps.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10410
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Seperation agreement ?
Customer: replied 10 months ago.
The document that you mention having drawn up, my husband asked would this cover legalitys if ... If... At any time down the line any financial legal Persuance towards myself were to occur would this safeguard the premises ?
Expert:  Aston Lawyer replied 10 months ago.

Hi,

If it was drawn up by a Solicitor, it would be legally binding.

However, if for example, you were made bankrupt or someone made you bankrupt in the next 5 years, the Trustee in Bankruptcy could obtain a Court declaration that the Deed is invalid if he could show that you had disposed of your share in the property to avoid creditors.

Kind Regards

Al

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