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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7076
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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I have a legal separation and my ex agreed to remove my name

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I have a legal separation and my ex agreed to remove my name from deeds on house this was last September as yet he has not removed me from deeds what can I do as I have asked him but he still does nothing ?
Customer: replied 4 months ago.
This was part of our separation agreement

Has he given any reason for not doing so?

Michael

Customer: replied 4 months ago.
Just says that he’s waiting to get his finances in order that was last September

A separation agreement is a contract and can be enforced so you can threaten to sue him.

However, the property is presumably subject to a mortgage and the mortgage company can refuse to agree to transfer the property into his sole name if they believe that he cannot afford the mortgage alone.

I would ask him exactly what steps he has taken , has he approached the existing mortgage company or other mortgage providers and the response. He must take all reasonable steps to take to try to get the mortgage sorted.

If there are any further points please reply I will be happy to respond

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

Customer: replied 4 months ago.
I just spoke to him and all I get is abuse I really don’t know how I can move this to closure

You can threaten to apply to court for an order for sale of the property with you having conduct of the sale if he does not do as agreed and keep you informed.

Michael

Customer: replied 4 months ago.
Thank you but problem there is my son his partner and my grandson are also living in the house so best thing would be if he refinanced and that’s what I’m trying to get him to do with no luck so far

Yes I appreciate that but you need to find a way of getting him to do something as he is not responding politely .

Michael

Customer: replied 4 months ago.
I relayed all the information to him in a direct way and now he says he will get it sorted so hopefully he will this time thank you

My pleasure

Michael

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