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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6400
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Ive just found out that Im still on the title deed

Resolved Question:

Hi

I've just found out that I'm still on the title deed for a property that I bought with an ex-girlfriend. We split up 5 years ago and she bought me out (10K) and I thought that was the end of it...but not so.

Land registry have told me I need to complete forms AP1, TR1, ID1 (both me and the ex both need to do one of these).

My question is how much would it cost a solicitor to sort this out. I'm tempted to do this myeslf but it sounds a bit of a nightmare.

Any help appreciated.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

Was there a mortgage on the property when she bought you out?

Did you both instruct a solicitor to deal with the buy out for you?

Tom
Customer: replied 1 year ago.

Hi Tom


 


Yes there was a mortgage on the property,


 


A friend who is a Solicitor drew up an agreement at the time that we both signed it. It stated that on receiving 10K the property was transfered over to her sole name, the document was witnessed. I can scan and email this to you if this helps.


 


Regards


Matt

Expert:  Thomas replied 1 year ago.
Hi,

Is it called a Declaration of Trust?

If you can attached the scans in your reply I would be grateful but make sure it's a copy and that you DELETED YOUR PERSONAL DETAILS.

I can probably answer without it though..

Tom
Customer: replied 1 year ago.

No its not called a declaration of trust.


 


Some further info: I've just gone through my records and found a letter from her solicitor with a photocopy of the TR1 which I have signed and witnessed.


 


I just called her solicitors and they said that she never completed (didn't bother sending them all the info) and this must be why I'm still on the title deed.


 


So I did sign the forms as requested by her solicitor but she hasnt bothered to finish things off.


 


What should happen next? Should I ask her to complete the process? Is she responsible for this slip up or are we both responsible?


 


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If there was a mortgage on the property then the registered title for the property could only have been transferred from your joint names to her sole names if she had the consent of your mortgage lender. Effectively this would require the lender to be satisfied that she could receive a mortgage offer in her sole name.

If this was not obtained then there is no question; the title would be have been transferred.

You need to speak with her to find out what happened. The TR1 form is the land registry transfer document which effects the transfer from joint names to her sole names but, again, is useless without the lender’s consent.

If did not get the consent then she needs to try and get it again. If she cannot get the consent because she cannot demonstrate sufficient finance to receive a mortgage offer in her sole name then you need to instruct a solicitor to apply for an order for sale of the property. This would be litigation.

If she can get the consent then you would still both need to instruct a solicitor to transfer the title in to her sole name because the lender will need to ensure that there charge is perfected on the title following transfer and because of this they would require (as a condition of consent) that a solicitor deals with it.


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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
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