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How to remove ex husband from house deeds-not sure we are getting the right advice
Putting to one side my previous post (as they are far out of date now), I need some straight forward guidance to assist my sister who is having a nightmare with the solicitor she has engaged.
situation as follows:-
Sister buys her house (sole ownership) in 2000.
She marries and her and husband remortgage in both names in 2007
In January 2009 Husband walks out leaving all sort of debts etc, all but one of these has been dealt with or resolved.
My sister did nothing but get on with her life until early 2016 when Amigo loans, via the local county court had a charge for about £4,500 lodge against the house for a loan that her estranged husband had defaulted on. We tried to fight this but were overruled because a TR1 said they were joint tenants.
This, with my pushing, saw sister seek a divorce and she now has a decree Nisi.
So far so good, before seeking an absolute she wanted to remove him from the house deeds (A)because he never contributed to the house & (B) she didn't want another Amigo situation.
After months of trying to get her ex husband, who had agreed by text message, that "it was her house not his" to co operate with this he is now very eager to get his name of the deeds and we are desperately try to oblige him. He must have an alternative reason but we dont care what it is.
The mortgage company have been very obstructive but we did get a comment from a line manager that she could see no reason why they would object to the deed change but they would be unlikely to remove his name from the mortgage. That is not a problem to either party.
That the background, now the bit that we need some better advice or guidance on.
Her solicitor is now saying that it is unlikely that the Land Registry will remove his name from the deeds with or without agreement from the mortgage company, we cannot understand why.
They have suggested, as a starting point, to change the ownership to tenants in common on a 50/50 basis. All that does is, as far as we can see is protect both of them should one of them pass away, as they are both in good health and in mid to late 50's we fail to see what good that will do except line the solicitors pocket further.
The Amigo charge is not an issue as sister is happy to take the hit just to get this resolved and her sole name on the deeds as again the mortgage is irrelevant as she has been paying this since they first took it out in December 2007 and continued to do so since he left in 2009.
I thought there was something like a property order that would normally be looked at/granted prior to a decree Absolute being applied for, hence we have not applied for this.
There are no children pensions or maintenance issues involved.
Can anyone advise on this in, dare I say, in simple terms that we lay people will understand. We have come so far in four years of trying to get this situation sorted and so far paid out almost £2,500 and still not got the property situation resolved.
situation as follows:-
Sister buys her house (sole ownership) in 2000.
She marries and her and husband remortgage in both names in 2007
In January 2009 Husband walks out leaving all sort of debts etc, all but one of these has been dealt with or resolved.
My sister did nothing but get on with her life until early 2016 when Amigo loans, via the local county court had a charge for about £4,500 lodge against the house for a loan that her estranged husband had defaulted on. We tried to fight this but were overruled because a TR1 said they were joint tenants.
This, with my pushing, saw sister seek a divorce and she now has a decree Nisi.
So far so good, before seeking an absolute she wanted to remove him from the house deeds (A)because he never contributed to the house & (B) she didn't want another Amigo situation.
After months of trying to get her ex husband, who had agreed by text message, that "it was her house not his" to co operate with this he is now very eager to get his name of the deeds and we are desperately try to oblige him. He must have an alternative reason but we dont care what it is.
The mortgage company have been very obstructive but we did get a comment from a line manager that she could see no reason why they would object to the deed change but they would be unlikely to remove his name from the mortgage. That is not a problem to either party.
That the background, now the bit that we need some better advice or guidance on.
Her solicitor is now saying that it is unlikely that the Land Registry will remove his name from the deeds with or without agreement from the mortgage company, we cannot understand why.
They have suggested, as a starting point, to change the ownership to tenants in common on a 50/50 basis. All that does is, as far as we can see is protect both of them should one of them pass away, as they are both in good health and in mid to late 50's we fail to see what good that will do except line the solicitors pocket further.
The Amigo charge is not an issue as sister is happy to take the hit just to get this resolved and her sole name on the deeds as again the mortgage is irrelevant as she has been paying this since they first took it out in December 2007 and continued to do so since he left in 2009.
I thought there was something like a property order that would normally be looked at/granted prior to a decree Absolute being applied for, hence we have not applied for this.
There are no children pensions or maintenance issues involved.
Can anyone advise on this in, dare I say, in simple terms that we lay people will understand. We have come so far in four years of trying to get this situation sorted and so far paid out almost £2,500 and still not got the property situation resolved.
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