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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex partner has agreed to take his name off the joint mortgage

Resolved Question:

My ex partner has agreed to take his name off the joint mortgage and transfer it into my sole name. It has been approved by the bank and he has already signed and returned all the necessary forms to my solicitor to say that he agrees to the transfer. My solicitor is only waiting for his identification before it can be completed but we have been waiting for my ex partner to take this in for two months. I have payed my solicitor the full amount already but he is saying there is no other way around this.

Is there anything else I can do or any legal rights I have to remove his name as I have also paid the mortgage and the bills alone since March.
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

I’m afraid not. This is as a result of the Money Laundering regulations. Identification documentation must be taken for all parties to the transaction. If your solicitor is acting for both of you then he can simply take a copy of his passport and new proof of address. Your solicitor would be in breach of the money laundering regulations and solicitor’s conduct rules were he to proceed without this so they are quite right at this point in time.

If your solicitor is acting for you only then your partner must provide him with the Land Registry’s Form ID1. This is a form which details his identity and the transaction, he would take this to an independent solicitor who would verify his identity and execute the ID1 form with him. It would cost around £10.00. The Land Registry would not affect the transfer and update the register for your property without this so it is essential and mandatory.

Your solicitor should write to your partner again and at the same time you should informally encourage them to attend to the matter because it won’t proceed until they have complied unfortunately.

Sorry it could not be better news.
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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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