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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1366
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am divorced and about to pay£ 25000 through a solicitor

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i am divorced and about to pay£ 25000 through a solicitor to my ex to get sole ownership of the house.i cannot get his name off the morgage as i dont earn enough although i can pay it. Can he stop me selling the house when i wish.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- has there been a court order or has the court approved a consent order confirming that when you pay the £25k the house transfers to you?
Kind regards
Customer: replied 2 years ago.
yes, they have both been to court and agreed the amount to transfer the house to the mother but at the moment she cannot get his name off the property yet as the building society says she does not earn enough to pay amount on her own,although she does pay it.
If the order is sealed by the court then it is legally binding. The property will transfer wholly when the money is paid whether or not the name is ***** ***** the mortgage.
It is quite common that mortgage companies won't release one party - they don't have too - they have their own contract with both parties and often like to keep this in case one party fails to pay - they can chase both. In time the mortgage company might agree that it can just be in the one name.
The party who has been bought out isn't going to be able to seek any more money in the future as the order now will be binding.
They can't try and stop a sale when a final order has been made and they no longer have an interest in the property . The land registry will be updated to reflect the sole ownership.
Kind regards
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