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Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 373
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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I am applying for a new mortgage in my name only, my wife

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I am applying for a new mortgage in my name only, my wife and I are separated but not divorced, I am asking her to reomove her name from the title deeds in exchange for me 'buying out' her half of the residual value of the property. She has agreed but wants a 'letter' from me confirming this arrangement, and I'm assuming this needs careful legally wirtten document? Can you help?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The lawyers working on my behalf for the mortgage have wriiten to my wife (and me) to agree removal from the title deeds. This is currently awaiting my wife's signature but she will not do so without a letter from me confirming my intention to transfer funds.
JA: Where is the property located?
Customer: Amersham, bucks.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that should be it.

Thank you for your question and for using this website.

It sounds as if the transaction is all very agreeable and that she is looking for some reassurance that she will receive the funds due to her when the re-mortgage has completed. The easiest way to achieve this is for the solicitor who is dealing with your re-mortgage to provide her with an undertaking that the stated amount due will be forwarded to her on completion. An undertaking is a binding legal promise to pay which cannot be rescinded. If she then didn't receive the funds she could take action against the solicitor to enforce payment.

This should give her the binding reassurance she needs to proceed.

Is there anything else I can help you with today?

Helen Hill and other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you, that's very helpful and I shall follow your advice.