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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8779
Experience:  Dual qualified Solicitor and Attorney
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Jeremy, I hope you are keeping well through these difficult

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Hi Jeremy,
I hope you are keeping well through these difficult times.
As discussed previously. 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 theproperty 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.
Customer: replied 1 year ago.
Hi Jeremy, how are you have you had a good week?
She is now saying as we are not married that under schedule one of an act 1989 that she can apply for financial provision for my daughter as such receiving periodic lump sum payments and to be able to stay in the family home and my share of equity istransferred to my daughter until my daughter is 18. Is this correct?
Customer: replied 1 year ago.
I am sorry I cannot find your response to this question. Please would you be kind enough to resend me your answer. Please note that upon the sale of the BTL properties and the one we live in she will receive approximately £100.000 plus she earns approximately £16.500 to get a mortgage with this in mind would it make it more difficult for her to make a claim under the schedule one act of 1989 due to the amount of money she will be receiving? In addition if my earnings are low due to illness and with the current pandemic can she request I pay her lump sum payments? Many thanks for your help.

Hi thank you for your message, so I will keep it brief because I can do so without minimising the advice. In short she is not right regarding transferring equity and in terms of financial provision for your daughter that will be provided for under child maintenance furthermore your ex will be getting sufficient to provide for your daughter. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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