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Category: Scots Law
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, last week I have signed a Deed of Disposition transferring

Resolved Question:

Hi, last week I have signed a Deed of Disposition transferring the jointly owned property in the sole name of my ex-partner but I now want to revoke this since new facts came to light. The Deed has not arrived at my ex-partner's solicitor yet and I already wrote to him about this by email and Recorded Mail. Will this work, you think? Thanks.
Submitted: 2 years ago.
Category: Scots Law
Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was the deed dated?
Kind regards
AJ
Customer: replied 2 years ago.

Yes, dated 02-02-2015

Regards,

Johannes

Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you.
Was it properly executed as a deed? Signed and sealed in the presence of a witness?
Kind regards
AJ
Customer: replied 2 years ago.

Yes.

Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you.
On the face of it, the deed has been executed and delivered. Unless the solicitor has acknowledged that he has received your revocation and return the deed then you by yourself cannot revoke it.
If we consider the situation further - where you induced into entering into the deed on false facts?
Kind regards
AJ
Customer: replied 2 years ago.

Hi, well I signed on the condition that no funds would be paid to me and I took it that my ex-partner would not claim money from me neither. However, she now demands from me that I assist in repaying the outstanding balance on the mortgage, which I find unfair.

Regards,

Johannes

Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you.
Does the deed contain this condition in it?
Do you have anything in writing where it was accepted that you would be released from the mortgage obligation?
IF the deed is enforceable I think you would have a defence of estoppel and your partner would probably lose a claim against you on the basis that it is inequitable. The partner promises she would not pursue you for the mortgage in return for the deed, you signed the deed and she is now changing her position to your detriment.
Have the bank released you from the mortgage?
Kind regards
AJ
Customer: replied 2 years ago.

Hi,

This condition was not included in the deed.

I do not have anything in writing in connection with an intend to release me from the mortgage obligation.

No, the bank has not (yet) released me from the mortgage; they are waiting for the transfer of ownership and the outcome of a review to show that my ex-partner can afford to repay the mortgage independently from me.

This afternoon my ex-partner has written to me to express her regret that I have revoked my agreement. Looks like she is going to accept this fact.

Kind regards,

Johannes

Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you.
If she has accepted the revocation then that is sufficient, but get the original deed back.
If you want to be released form the mortgage you must either:
(i) Get an indemnity from your partner in relation to the mortgage; or
(ii) Get the bank to release you.
Kind regards
AJ
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