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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I purchased my house in 1997 with my partner (whom I married

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I purchased my house in 1997 with my partner (whom I married in 1998). We separated in 2000 with the divorce being finalised in 2005. On our separation we had a separation agreement drawn up where I paid her £10,000 and I would take over ownership of the property. It appears on recent investigation that contrary to my belief the solicitor who drew up the agreement did not get my ex wifes name removed from the property registration. I have been paying the mortgage since January 2000 but my ex wifes name still appears on the mortgage as since she left I have had no idea of her whereabouts or contact details and that remains the case to this day. How do I stand legally if I wish to sell the property in the future?
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Customer: What else is there I can tell you?

Hi, thank you for your question.

-Are you in England or Wales?

-Is the financial settlement approved by the court?

Customer: replied 1 year ago.
I am in England. The settlement wasn';t court approved
Customer: replied 1 year ago.
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Thanks for confirming. Unfortunately, in England a settlement as part of a divorce is not legally binding unless it is approved by a court. However, this does not prevent her from agreeing to sign paperwork transferring the title to your name. In the first instance you should attempt to find her (you can google tracing agents) who can find an address for her. If she agrees to the transfer a conveyancer can prepare the required forms to transfer the title to you.

If she does not agree, unfortunately you will need to pursue a court application which can be done using Form A and a £255 court fee to your local family court. You can refer to your previous separation agreement which the court will consider.

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