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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7664
Experience:  UK solicitor
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How do I change the name on the title deeds of my flat from

Customer Question

How do I change the name on the title deeds of my flat from joint names with my ex wife, to my name alone?
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.
Hi, Does your ex-wife agree to this?Is there a mortgage on the property?Tom
Customer: replied 1 year ago.
Yes she does. Yes, there is a mortgage on the property in our joint names.
Expert:  Thomas replied 1 year ago.
Hi, Is there a court order relating to your divorce to transfer this in your sole name?Does the court order say anything about the mortgage, if so?Tom
Customer: replied 1 year ago.
No there isn't. However, the divorce papers are just going through, so maybe there is time to adjust this. I have just posted form D8 to the divorce centre in Bury St Edmunds.
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.Well, yes, it would be sensible to get the property being transferred in to your name documented as part of the divorce proceedings otherwise she could revisit the matter at a later date if the agreement were not backed by court order.The other issue is the mortgage on the property. The lender has a first legal charge which prevents transfers of title. So unless there is a court order ordering the transfer in to your name only even with the mortgage, then you would have to remortgage in to your sole name. This would involve a lender giving you a new mortgage in your sole name so you need to inviestigate this first.if a lender is able to offer a mortgage in your sole name and there is an agreement acknowledged by the courts and your wife then you can instruct a solicitor to proceed with the transfer and remortgage. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom