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Stuart J
Stuart J, Solicitor
Category: UK Family Law
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Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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ex wife left marital home in May 2012. The mortgage and deeds

Resolved Question:

ex wife left marital home in May 2012. The mortgage and deeds are solely in my name. we married in July 2010. Ex wife had to sign a witnessed legal document in June 2011 when I remortgaged to waive any financial rights to the property, this was a reqirement of the mortgage lender. I am in possesion of a copy of this form she had signed.
My question is if she has signed this witnessed legal document then can I contest a hold she had a solicitor place on the property through the land registry. Also does she have any claim to the equity in the property?
Thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

When did your ex wife place the hold on the property?
Customer: replied 1 year ago.

She had hold placed on May 23rd 2012.


The divorce is ongoing at the moment, I shold get the decree nisi within the next week

Expert:  Stuart J replied 1 year ago.
is the "hold" that she placed on the property a Matrimonial Home Right notice.it seems likely that it is.
was the document that she signed in 2011 a "consent to mortgage" required by the lender because the house was just in your name?it also seems likely that that was what this document was.

if that is the case, I am sorry to have to tell you that the "consent to mortgage" is simply a consent to mortgage where she waves her right to the house in the event that the house has been repossessed, she does not waive her rights to the house completely.
she is entitled to her share that she would normally get by virtue of the marriage.
I am sorry, I appreciate this is not the answer you wanted but there is no point in me misleading you. I have a duty to advise you truthfully and honestly, even if that answer is unfavourable.

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Customer: replied 1 year ago.

It is a home right notice she placed through the land registry.


It is a consent to mortgage form.


As you say not the answer I had hoped for but never mind. Thanks

Expert:  Stuart J replied 1 year ago.
Sorry. I wish it was better news but I have to tell you the truth obviously which I’m sure you would rather hear.
Please don’t forget to push the positive rating button even so because obviously, I don’t make the law, I just regurgitate it.
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20643
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart J
Stuart J
Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice