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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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i would like to draw up a legle document regaring paying my

Resolved Question:

i would like to draw up a legle document regaring paying my ex partner off but not changing the morgate or the deeds ie land regerstry
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Are you joint registered proprietors?


Are you married?

 

Would you being paying your partner off completely and why do you not wish to be solely named on the mortgage or registered title?

 

Tom

Customer: replied 6 years ago.

hi tom we are not joint registered proprietors.not married.yes iam paying her off completely.her name can not come off mortgage or land register yet.

 

 

bob

Expert:  Thomas replied 6 years ago.

Hi Bob,

 

Are you saying that you are NOT registered as the owner of the property?

 

I assumed that you were co-owners and you wished to purchase her share of the equity, execute an agreement stating that she does not have an interest but leave her name on the mortgage/registered title.

 

Tom

Customer: replied 6 years ago.

hi tom we are co owners.i wish to perchase her share .she then has no interst in the property but leave her name on mortgage and registerd title

 

bob

Expert:  Thomas replied 6 years ago.

Okay.

 

In this case you can instruct a conveyancing solicitor to draw up a declaration of trust stating that you have paid her money in respect of her interest in the property and then declare in pecentage terms your respective shares, or lack of them in your ex-partners case.

 

When you come to sell the property the conveyancer will divide the proceeds of sale according to the declaration of trust.


The drawback is, as will always be the case where their is another co-owern, that she could subsequently apply for an order for sale. The Courts are not keen on peoples remaining only superficially on titles if they do not wish to remain on them and an order for sale (or for you to remortgage in your own name) is a probabilty.

 

If you think she will not then you can do this and attempt to refinance in order to receive a mortgage offer in your sole name and transfer the title.

 

Do not pay her any money until you have executed the declaration of trust.


If this is useful please kindly click accept so that I may be rewarde for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regrads,

 

Tom

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