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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34907
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I and my sister bought a house together then I gave her

Customer Question

hi I and my sister bought a house together then I gave her £13.000 to have her name taken off it but I ran out of money for it to be completed by the mortgage people she is now not answering letters to agree that she did sign it and her solicitor is not helping some one told me I can get a judge to complete it is this right
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How was the arrangement documented and how did she get the money without signing the paperwork?

Customer: replied 1 year ago.
we both had solicitors and a contract was drawn up which we both signed at mine and then her solicitors as soon as she signed I paid the money but I never stupidly never followed it up with my solicitors as I said I ran out of money
Customer: replied 1 year ago.
the transfer of equity was never finished
Expert:  Clare replied 1 year ago.

But you do have a contract - what is the wording?

Customer: replied 1 year ago.
we do have a contract drawn up by the solicitors
I am not sure of the wording as the broker has it but it is some thing like I Caroline Tayler agree to the transfer of equity to Miss ellen lowe on payment of £13.000
Expert:  Clare replied 1 year ago.

That is excellent news.

Have you resolved the mortgage issue and has the TR1 been prepared?

Customer: replied 1 year ago.
No the mortgage is still in both our names we have tried to contact her to say that she did sign the contract as 8 years have passed since we did the contract I have been told today that if she will not a answer we could go to court and a judge could declare the property mine is this true
Expert:  Clare replied 1 year ago.


Can you NOW get her released from the mortgage?

Customer: replied 1 year ago.
That is what I need to know if I take the contract to court and a judge can they get her off the mortgage enquiries
Expert:  Clare replied 1 year ago.

I am sorry I should have been more clear.

The starting point is to approach the Mortgage Company to see if they will agree to release her from the mortgage - unless of course you are intending to remortgage the property in any event.

If that is sorted then you can indeed apply to the court using the Trusts of Land and Appointment of Trustees Act for an Order that the property is transferred into your sole name - and to ask the Judge signs the document if your ex still fails to do so

I hope that this is of assistance - please ask if you need further details