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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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Hello i and my ex both are on the deeds of my home which is

Resolved Question:

Hello i and my ex both are on the deeds of my home which is still morgaged , she has disapeared and i cannot find her to arrange to have sole ownership to my house she has never paid a morgage payment or contributed to anything , where do i stand and can i go for a morgage without her !
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question.

To arrange a transfer of title to the property and variation of the mortgage both into your name requires her signature and unfortunately there is no way round that unless no one has heard from her for seven years in which case you could apply to the court to have her declared dead, which I presume she isn't.

So you will have to find her, possibly by using a private investigator.

The only other option is that were you to apply to the court to have the property sold, you could have h cited on a whereabouts unknown warrant, probably get decree in absence and then the sheriff clerk could be authorised to sign a disposition on her behalf. Unfortunately, however that remedy is not open to you in relation to a transfer of title, only on a sale, unless you were and are still married to her in which case the law does allow for such an application as part of a divorce.

Not very satisfactory I'm afraid but that is the law as it stands.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 11 months ago.
I am not married to her , what about getting mortgage ie better rate . Can i do this without her consent , this has been going on for 8 yrs its a nightmare i just want to move on but feel trapped
Expert:  JGM replied 11 months ago.
You can get a new deal with the lender you have but you could not change lender without her signature, sorry.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7271
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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