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My son has recently split with his partner and she is stalling

Customer Question

My son has recently split with his partner and she is stalling paying him some of the money that he is owed. He has signed over the deeds but there was no witness present is this legal.
Many thanks Diane Saye
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your quesion.

 

He can only transfer his interest in the property by signing a Land Registry transfer form (this has to be witnessed). Has he signed this without his signature being witnessed?

 

The transfer will not be registered if there is a mortgage on the property and his partner is not remortgaging in to her sole name.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6656
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 4 years ago.
Yes there was no one there. If she got someone to witness when my son was away will that be illegal or does it just mean that he has to sign again with a witness there and will he be in trouble for allowing her to do it?
Expert:  Thomas replied 4 years ago.

Hi Diane,

 

Thank you for the kind accept.

 

Firstly, there is no criminal act committed by your son so don't worry about that.

 

She could in theory register the transfer at the Land Registry if she fraudulently inserted a witness, but only if there is no mortgage on the property. Is there a mortgage?

 

If you son does not mind transferring his interest to her then he should really sign nother transfer (TR1) form appropriately witnessed

 

If you son is worried that she will attempt to register the transfer (and he does not want this) then he should go and see a solicitor, he will be able to take out a priority search on the registered title which will prevent the registration of the transfer until this is sorted out (he will engage with your son's partner or solicitor)

 

I hope this clarifies.

 

Kind regards,

 

Tom

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