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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3229
Experience:  LL.B (Hons)
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I would like some advice on my former matrimonial home. The

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I would like some advice on my former matrimonial home.
The mortgage & Land Registry Title are in my ex-wife and my names, however we have no beneficial interest in the house as that is held in its entirety by our adult children.
In short, the property was purchased by my ex & me but the Central London County Court later found that the property formed part of a trust in their names, the mortgage however was/is a personal mortgage and not a trust mortgage. The trust is now dissolved as they are of age.
Initially I was advised that it would be very difficult to convince any Court to order the sale or removal of my names as my youngest was in school but she has now finished full-time education.
As such & given that the Court have ordered neither me nor my ex-wife have any beneficial interest in the property can I remove myself from the Title Deed & Mortgage. If so what type of application do I need to use to remove myself from the title deed & more importantly the mortgage as they keep missing payments & this is adversely affecting my credit rating.
Thanks in advance
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: None at this stage
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing else thank you

Hello my name is ***** ***** I will be the expert assisting you with this matter today

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
Can we do it here first

You can ignore the phone cal request as it is automatically generated by the website. I will just write up my response now, I would be obliged if you could rate my response once I have written it up for you.

Customer: replied 1 year ago.
Of course, I will do thank you Ross

As all issues form the deed have expired and you have no beneficial interest in the home, then you shouldn't really face any difficulty in removing your name from the deed. From what you have explained I see no legal reason as to why your name should remain on it. What you are going to want to do is instruct a conveyancing solicitor to make an application to the court for you, they will also be able to contact the land registry and any other relevant body. Unless, there is any objection to this then it should be a fairly simple process. Additionally you will want to contact the credit agencies such as Experian etc. and inform them immediate that you are off the deed so that it is no longer hindering your credit ratting. Additionally, you can see if they will adjust it also (they don't have to but it is worth try since you have not been resident at the address).

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Customer: replied 1 year ago.
Thanks Ross, that is helpful. Would my ex or Santander as the mortgagees not be able to block or object to my removal from the Title Deed?Also what about my removal from the mortage part of the question, are you able to assist with that at all?

Is there still an active mortgage with your name on it?

Customer: replied 1 year ago.
there is
Customer: replied 1 year ago.
It is a personal residential mortgage in mine and my ex-wifes name

Ok thank you. Unless you have express permissions and agreement with both the bank and your exporter then you will not be able to take your name off the mortgage until such times as it is paid off. Usually you wouldn't be able to take your name off the house deeds but as it has been found that you do not have an interest in the house legacy I would imagine that you will still be able to do this via your conveyancer and the land registry. The only way I can see this would not be necessary would be if there is a clause in your mortgage agreement which states your name must be on the deeds until it expires or is redeemed. However, if this is not the case then you should be able to take your name off the deeds.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Customer: replied 1 year ago.
Ok thank you, ***** ***** not sure what is in the mortgage as it is with my ex but I am sure I can get a copy from the bank.Just to confirm, I thought I would have at least been able to make an application to the Court to order the sale of the house or that it be remortgaged to remove my name from the mortgage given I no longer reside there or have any beneficial or other interest in the property, is that not the case?

Yes, you could certainly make a petition to the court for a "forced sale" order. However, I would highly recommend instructing a lawyer to do this for you as it is going to be a complicated matter given that you have the mortgage but no legal interest in the property. I don't feel it would be professional for me to make comment on the merits of such an application, but yes they do exist and this is something you could potentially do, however, I would have it looked at before proceeding incase you throw good money after bad. You may also want to look into that prior to applying to have your name removed from the deeds.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Customer: replied 1 year ago.
Thanks again Ross, I understand you cannot comment on the merits of the case but was really hoping for some guidance under what legislation/case law/rules that would fall, so I could look into the possible merits before I, as you rightly say, throw good money after bad

As giving information about forced sale orders is outwits the original question. I would be obliged if you cold rate the advice given to that question then I would be able to offer you additional Q&A time for the ongoing questions. This is as per the site rules the experts have to follow. Many Thanks.

Customer: replied 1 year ago.
do you mean I would need to close this and ask another more specific question on the site, or of you specifically?

You can ask another question on the site if you want or I can simply offer you more Q&A time via this feed.

Customer: replied 1 year ago.
OK, do I have to pay extra for that Q&A time or is it covered?

If I answer the question you have asked then there is no additional charge.

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