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NewExpertAS4920
NewExpertAS4920, Solicitor
Category: Property Law
Satisfied Customers: 214
Experience:  -
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I hope you are keeping well through these difficult times. I

Customer Question

Hi,
I hope you are keeping well through these difficult times.
I have a BTL property with a mortgage on it the mortgage is in joint names it has a declaration of trust on it where I own 98% and she owns 2%. In or around March 2019 we both signed in front of a witness the TR1 form agreeing to the property going in my name only and me buying her out of her share.
I arranged a new mortgage on the property in my name only, paying the valuation fee etc.
The conveyancer dealing with the transaction then sent her an e-mail asking if she was happy to proceed with the transaction which I couldn't understand as we both had signed the TR1 document in front of a witness I would have thought the only thing the conveyancer would have needed to ask her is for the bank details to pay her the 2%.
In response to this e-mail from the conveyancer she then said that my ex wanted to delay the transaction which is having an impact on me financially as the new mortgage payments are much cheaper.
What would you recommend I do so the transfer happens?
Can my ex block the transfer despite her agreeing and signing the TR1 (Transfer)?
What do you recommend I do, it seems so confusing? I suffer with PTSD and would appreciate it very much if you could explain the answer and process in an easy to understand format if that is not too much trouble.
Many thanks for your help.
Submitted: 2 months ago.
Category: Property Law
Expert:  Virtual-mod replied 2 months ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  NewExpertAS4920 replied 2 months ago.
Hi! I am Anu, a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there maybe delays in responding due to assisting other customers.
Expert:  NewExpertAS4920 replied 2 months ago.
Your ex can indeed delay the transfer. The best way forward she to speak to her personally and find out what her reasons are. I understand she has already said the transfer however she has in writing specified she is unwilling to go ahead for the time being there your conveyancer will not be able to proceed until she provides her consent.
Expert:  NewExpertAS4920 replied 2 months ago.
Does this answer your query? Can I assist you further?
Customer: replied 2 months ago.
I was told by another solicitor on just answer that I can continue with the transfer myself and once I have submitted the legally enforceable TR1 she has signed that I then could request her bank details and pay her the % she is entitled to and just wanted to clarify again that this is still the case as I haven't been able to get back in touch with the solicitor. I was also informed that the TR1 does not expire. Please note she signed this document over a year ago. Is it correct that I can proceed with the transfer myself and follow the process I was previously advised to do. With the current climate been as it is I wondered if anything had changed from a legal stance hence me asking the question again. Many thanks.
Expert:  NewExpertAS4920 replied 2 months ago.
I understand. But as stated above she has now clearly expressed that she does not wish to proceed. Therefore if you effect the transfer now she could question the validity of the transfer because she will refer to her email which clearly sets out that she does not want to proceed. I foresee future complications and a potential legal action. Therefore, I suggest you talk to her.
Customer: replied 2 months ago.
As such could I apply for a court order for this to take place as surely you cant sign a legal document and then go back on it please can you also confirm that is legally enforceable.
In addition please can you let me know what is the best course of action for the transaction to proceed. Please note we are not married and the property has a declaration of trust on it detailing the % shares owned.
Please can you advise me how this can be resolved and if I can proceed with the transfer myself forwarding the signed TR1 to the land registry with any other relevant documents. I have already spoke to her on a number of occasions and she states that she does not want to proceed with the transfer as she feels it would become part of a settlement agreement however as we are not married and after been advised that there would not be a settlement agreement as we are not married. I wonder if you think that we are married to clarify we are not. Many thanks.
Expert:  NewExpertAS4920 replied 2 months ago.

The transfer is not dated or effected therefore arguably she can change her mind. The fact that she has expressed on number of occasions that she does not want to proceed, you should not proceed with the transfer until she agrees. As you are not married, you are right, there shall not be any settlement agreement. She will only be entitled to the 2% she owns, that is all.

The best way forward would be for her to seek independent legal advice. It appears that she is refusing to proceed with the transfer because she thinks she is entitled to more. However, this is not the case. If she seeks legal advise a solicitor can advise her on her position and help her make an informed decision. I hope this helps.

Expert:  NewExpertAS4920 replied 2 months ago.

Please kindly confirm whether you require any further assistance.

Customer: replied 2 months ago.
I was previously informed and needed further clarity that she has signed a legal document TR1 (TRANSFER) which has been witnessed and as the transfer is not dated it does not expire and as she has a smaller share that she can not dictate on the completion of the transfer especially as we are not married as their is no settlement to be considered. Please can you confirm this is correct?
In addition please can you confirm that I can or cannot apply to the land registry on my own providing a copy of the signed TR1 (TRANSFER) with a copy of my ID to continue with the transfer of the property into my name?
In addition please can you re-confirm that I could apply for a court order for the transfer of the property to take place as such what process would you advise for the transfer of the property to take place? Many thanks.
Expert:  NewExpertAS4920 replied 2 months ago.

She may have a small share in the property, but this does not effect her right to withdraw her consent particularly since the TR1 is not dated. The fact that you are not married and there shall be no settlement, again, this does effect her right to the property and nor her decision to withhold the transfer.

You can apply to the Land Registry. However, I do not suggest you to do so as she has clearly withdrawn her consent/ decision to proceed with the Transfer.

You can apply to the Court for an order for sale. However, this option can be quite costly.

Expert:  NewExpertAS4920 replied 2 months ago.

Please confirm whether i have answered your query.

Customer: replied 1 month ago.
Please would you be kind enough to advise why you would recommend your previous answer as she has signed a legal document which surely is enforceable regardless whether the TR1 is dated? Please could you confirm that a signed and witnessed TR1 form IS enforceable in law? Many thanks.
Expert:  NewExpertAS4920 replied 1 month ago.
I am of the opinion that the TR1 is not enforceable as it is undated and she has clearly withdrawn her consent.
Should you wish you can seek a second opinion.
Customer: replied 1 month ago.
I am confused as the TR1 I have been informed is enforceable regardless that it is not dated. Please would you be kind enough to confirm. Many thanks.
Expert:  NewExpertAS4920 replied 1 month ago.
I have confirmed my advice as stated above. Unfortunately there is nothing more I can advice on this matter. I kindly ask you to rate my answer.
Customer: replied 1 month ago.
If upon your advice I apply to the court for an order of sale, please can you confirm that she will have to pay my legal costs and her legal costs if it is ruled in my favour especially as she agreed to the transfer of equity of the property as there was a declaration of trust in place for the property which she signed and agreed to. Many thanks.
Expert:  NewExpertAS4920 replied 1 month ago.
As explained above, you may not even need to apply for an order for sale. She appears to be a little confused about her position. You should instruct a solicitor to issue a letter before action. This will encourage her to seek advice and make an informed decision.
In the event you do proceed to an order for sale, this will be your perogative and the costs will be dependant on the judge.
Expert:  NewExpertAS4920 replied 1 month ago.
Does that answer your query?