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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 5856
Experience:  Dual qualified Solicitor and Attorney
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Jeremy, I have had to get an extension on the mortgage on

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Hi Jeremy,
I have had to get an extension on the mortgage on the buy to let property where she has 2% and I have 98% and which she has signed and agreed to the transfer as discussed previously.
If it is not too much trouble please would you be kind enough to explain the process in an easy to understand format (sorry I feel so stupid asking this) on what I would need to do to transfer the property into my name only.
I am worried that the mortgage will expire and I will have to continue to pay higher mortgage payments.
I don't know if she has said that she doesn't want to proceed with the transfer so I am forced to sell the property and as such she cant be offered that property to live in upon the separation as she has said she doesn't want to live in that property.Will I have to be forced to sell the property which is tenanted by her?I am so confused with it and what I need to do to transfer it in my name only it seems like she is controlling the process despite her having a 2% share it just doesn't seem fair.I really would appreciate your help. Thank you.

Hi thank you for your message follow these steps:

1. Download and fill in the form here: https://www.gov.uk/government/publications/change-the-register-ap1

2. Fill in this form: https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1 I believe you already have a signed copy of this

3. Fill in a certificate of identity for a private individual here: https://www.gov.uk/government/publications/verify-identity-citizen-id1

4. Find out the correct fee. Use the ‘Scale 2 fees’ if you’re transferring ownership of a property without selling it as here: https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees

5. Send your documents, forms and fee to HM Land Registry at the address here: https://www.gov.uk/guidance/land-registry-address-for-applications

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.

Customer: replied 2 months ago.
Thank you for your response much appreciated.Can she object to this in any way and am I ok to do this do I need her permission to do the transfer on my own?How would she then receive her 2% share, how would I pay her this? What happens if she is not prepared to give me her bank details so I can pay her the 2% after I have submitted all the forms you mention could she then say that the transfer can not go through?Would you be able to help me with the process if it gets confusing?

No just go ahead as she has already signed the transfer form. In terms of her 2% get the property valued by a few estate agents say 3 and then take the average house value and calculate 2% from there and pay her that amount. 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.

Customer: replied 2 months ago.
Could she stop the process in any way. On the TR1 form we have both signed in front of a witness we have agreed that she would receive £3800 which represents 2% based on a valuation of £190-000 the property has a mortgage on it of approximately £138-500. Many thanks.
No I do not think so. 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.
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you for your help

Glad I could help, take care.

Customer: replied 1 month ago.
Hi Jeremy,
What happens if she refuses to give me her bank details after I have followed the process you mention above to make the transfer of equity on the property?
Can she then say that as she has not received her 2% and that the transfer of equity on the property is not valid and void?
In addition could she say I have done the transfer of equity on the property without her permission?
In addition could she say that she changed her mind about proceeding with the transfer of equity on the property after signing the legal document in front of a witness and as such I had no right to proceed with the transfer of equity on the property without her agreement despite her declining to take legal advice to my knowledge prior to agreeing to the transfer of equity on the property?
I just feel stuck and want to make sure I am doing the right thing from a legal point of view. I cannot understand how she can dictate what I do with the property when she only has a 2% share. Many thanks.
Customer: replied 1 month ago.
Please could you explain it in a simple to understand way, sorry for asking this, it is much appreciated.

If she refuses to provide her details for the transfer of the 2% then you do not need to pay her. The transfer of equity would still be valid. She cannot say you have done the transfer without permission because it was with permission in that she signed the transfer form and gave permission. No she cannot say she changed her mind it doesn't make a difference if she changed her mind because the form was signed and therefore is effective. 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.