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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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Though I married my first husband in 1985, due to him being

Customer Question

Hi.Though I married my first husband in 1985, due to him being out of work at the time, I bought my house in 1986 in my name only. I had his name added to the deeds/ mortgage in '89
The marriage broke down soon after the birth of our second child in 1990. Though we remained in the same property until 1998, when we each met other partners. After a few months of me living with my new (and still present) partner in a rented property, whilst my ex stayed in the house, and I paid the full mortgage, he decided to move to another town with his new (and present) partner. My partner and I moved back into the property in 2000, after doing a lot of much needed improvement and maintenance. I spoke with my ex at the time and we agreed that, though I wanted no child support for our two children, who were living with me, I wanted my house and as he had never paid anything into it, due to his erratic employment history, I would take the full house in lieu and full settlement of any child support payments. This was enthusiastically agreed to by both parties.
My partner and I moved in fully in September 2000 and have lived there ever since. My ex, along with his partner did ask me to write and sign a letter to the local authority in Leamington Spa, explaining our agreement, in order that they should be given a council house.My partner and I were married in 2002 and we paid off the mortgage in 2011. My present husband has never asked to be added to the deeds.
We want to take out a second mortgage to do some improvements. My first husband's name is ***** ***** the deeds. I obviously would like to have him removed. I have always wanted to do so, but feared how he would react and what he may do, legally speaking. How may I get it done as cleanly as possible?
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you still have a copy of the letter you sent?

Customer: replied 9 months ago.
Hi Clare. No, I'm afraid I do not. At the time, I suppose I never deemed it necessary.
Expert:  Clare replied 9 months ago.

How much is the house worth now?

Customer: replied 9 months ago.
Other similar ones in the street go for between £130k-£140k
Expert:  Clare replied 9 months ago.

How much was the mortgage at the time he left - and how much did you spend improving the property (best guess)

Customer: replied 9 months ago.
The original mortgage was only £11'000 (differentl times!). I have no idea how much of that was left in 2000, we had already cashed in our endowment when a shortfall came to light in the mid-late 90s. The monthly payment was around £200 in 2000-2001. At that time, my ex, having taken out a secured loan on the house in the late 90s had failed to honour his payments. All his mail had been passed to him in-opened, so we were not aware until a representative came around, having already tried to take possession of the house. We were shocked, but agreed to pay off his debt in order to save the house. I have no recollection of the amount I'm afraid.
Customer: replied 9 months ago.
In terms of amount spent before we moved into it in 2000, not a great deal, £1500 or so. It was mostly due to my ex having left the house empty for a number of weeks and having left a full freezer with no power and having to remove a lot of detritus he'd left both in and around the rear of the house. We also spent £2'000 or so on some replacement windows. Obviously, more recently, we have spent a lot more on new central heating and a new kitchen, plus general maintenance
Expert:  Clare replied 9 months ago.

How much did you spend on the kitchen and the central heating?

Customer: replied 8 months ago.
Hi Clare. I've not responded for a few days because I've been unwell. However, it is a little frustratingly slow, with many individual questions. Is the phone call an extra £44, or do I make up the £38 I've already paid, to £44?
Expert:  Clare replied 8 months ago.

Sadly no the site makes an additional charge for telephone calls

I hope that you are feeling better

Unfortunately your first step has to be to contact your ex and ask him to sign the Transfer documentation.

I suggest that you have a TR1 prepared and arrange to meet your ex to "tidy things up"

If he will do so then great - you can deal with the Transfer.

If not then I am afraid that your only option is to apply to the court using the Trusts of Land and Appointment of Trustee Act for an Order confirming that the property is currently held in joint names for your sole benefit and an Order that the Judge sign the paperwork if your ex refuses to do so

I am aware that this is not an easy path but sadly there is not option

Please ask if you need further details