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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I was with my partner (not husband) and I bought a house with

Resolved Question:

I was with my partner (not husband) and I bought a house with a deed of trust with the house. My father put down the deposit but my ex partner and I we're put as 50/50 on the mortgage.
My problem is this, my ex is refusing to sign a transfer of equity form even though he verbally has said he'll sign it and doesn't want any money from the transfer.
I've paid out for a solicitor to complete but it's been 6 months and he hasn't signed it. The mortgage offer has been and gone. Me and my current partner are easily affording mortgage payments and can get another mortgage offer.
I just can't afford another transfer of equity and I don't see why I should keep paying if he's not gonna sign it.
The house is in negative equity so I would of thought he would jump at the chance to be off the mortgage and land deeds.
My ex hasn't paid a penny towards mortgage nor lived in the house.

My question is this, can I possibly get a court order to transfer the property? Or will it have to be an order for sale.
I don't particularly want to sell the house when forced as it puts pressure in me to move a young family quickly. None of the children are my ex's.
Or what other route can I take?
Help
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
Deposit:160k
Mortgage:100k
Current value:240k
Expert:  Clare replied 3 years ago.
Hi
How much was the deposit?
Clare
Customer: replied 3 years ago.
£160k from father who we signed a declaration of trust so if house is sold he gets his money back first and then the mortgage company
Expert:  Clare replied 3 years ago.
Hi
Is he actually refusing to sign - or just ignoring it?
Clare
Customer: replied 3 years ago.
Well he hasn't signed it and is ignoring my calls and texts and any correspondence with solicitor.
Ex call my solicitor last week to say he's signed them and will post them but they didn't/still haven't arrived but the mortgage offer has now expired
Expert:  Clare replied 3 years ago.
Hi
It sounds more that he is making you wait rather than specifically refusing.
Either way I am afraid that the only application that you can make is for an Order for the Sale of the property
However within that application then agreement can be reached at any time.
A firm letter from your solicitor pointing out that you will claim costs if a court application is issued may be all that is needed
There should be no reason for a new TR!1
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Property Law Specialists are ready to help you

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