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Legacy CCJs causing transfer of title issues post divorce settlement

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  • Legacy CCJs causing transfer of title issues post divorce settlement

    Hi,

    Couple of quick questions around removing ex wife’s name from my property.

    Court agreed full transfer of equity to me as part of the final divorce settlement (financial elements). Decree absolute obtained and funds have all since transferred hands.

    However, although all the relevant documents have been signed, witnessed and submitted, the HM Land Registry reply states:

    Removal of restrictions before transfer of equity is possible (aka removal of name from property)

    This involves a couple of old CCJs in my ex wife’s name, but also one in my name.


    My first question here is:

    In the likely event the other party is unable to pay these restrictions/charging orders off in full (creditors don’t seem inclined to accept offers I hear) would these be able to be transferred to another property that they now have an interest in instead?

    My second question is:

    As the existing mortgage is (and was) solely in my name, do I also have to pay for the removal of the restriction that is in my name as well?



    Your advice is appreciated as always,
    Tags: None

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