Land Registry & Court Order

[Sam101]

In a divorce settlement, when wife has been granted a court order for the property, previously owned jointly, to be given over to her in total after accepting liability for the mortgage and loans in full, what does she need to do to have the property changed into her name as sole owner. The court order was made some years ago but she has not made any attempt to change the Land Registry from joint into her name only. She wishes to do this herself rather than appoint solicitors who charged her £20k for the divorce and I am not too familiar with the solution.

[atticus]

Has the mortgage been repaid?

[Sam101]

Thanks for the reply Atticus, No the mortgage is still there and I have already told her that she will need their permission. However, the Court order was given because she agreed to take the mortgage and two other loans that the husband had taken on and secured on the property,

She has been the only one ever paying the mortgage and loans, so I don't think that will represent any difficulty, it's just the actual process that I am unsure of.

Possible the court order to L/R with ? application form, subject to borrowers approval, probably in writing?

[atticus]

The lender's written approval is what will be needed, in the unlikely event that it is forthcoming.

[Sam101]

Thanks again. What application form please?

[atticus]

A letter to the lender should suffice when seeking its agreement.

[Sam101]

Thanks but I was referring to the L/R forms?

[atticus]

It will be an application to amend the title. Someone whose brain stores form numbers may be able to give you that detail.

[des8]

AP1?

But it won't be quick.
I hear that LR have something like 1,800,000 outstanding items to process and to enable them to catch up phones are being switched off on Fridays

[Sam101]

Thanks Des8, It has already been several years since she obtained the court order and just asked me about to the other day. Hew X wants to come off the mortgage and I suggested she did not do this until the house was registered in her name only.

So, AP1 plus court order plus lenders authority should be OK......................... much appreciated

[atticus]

Why do people say "come off the mortgage"?

A borrower can achieve this by repaying. The lender is not party to the matrimonial difficulties.

[dslippy]

"Hew X wants to come off the mortgage and I suggested she did not do this until the house was registered in her name only."

Wrong way around. She needs to repay the charge then apply to transfer the property.