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my daughter and her partner have split she has been paying the mortgage &all repair bills for the last 14 months she wants him to sign the house over to her as she has been paying all the bills, which he will not do .the house has been up for sale for the past 2years and is in negative equity so no money will be involved, is there any way we can get him off the title deeds
Already Tried: reasoning with the ex
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.Do they have any children?
yes they have a 2 year old son who spends equal time between them both
Good afternoon,As I am assuming that the property is in joint names then she will have to contact the mortgage lender who are required to give consent if she is to take the property on on her own. The lender will need to be absolutely sure that she can meet the mortgage payment under their criteria and they may even ask for the property to be valued. It is not very often that a lender will allow a party to be released from a mortgage which is a joint and several liability and they prefer to have two people to pursue rather than just one.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
she is hopeing to take over the mortgage with her new partner, and the bank have agreed but how can she get her ex off the title deeds if he wont agree to sign it over
Good afternoon again,If he refuses to cooperate she will have to take proceedings under the Trusts of Land Act for a declaration from the County Court that his name be removed from the deeds. He has to be served with notice of this application and the proceedings can be quite lengthy and costly although legal aid is available subject to means assessment. I have little doubt however that she would succeed.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
what other route can we go down, the fact that he has not paid anything towards the mortgage or house repairs surely some thing can be done, why should he have the right to block this from going through. what do you suggest
,what other route can we go down, the fact that he has not paid anything towards the mortgage or house repairs surely some thing can be done, why should he have the right to block this from going through. what do you suggest
Relist: Answer quality.advise on what would the best route to go down to resolve this situation
Good afternoon,He is entitled to block it by virtue of the fact that he is an owner. Neither of them can sell transfer or mortgage the property without the others consent and signature therefore I'm afraid the only solution is through the CourtsI'm sorry if I cannot always give you the answer that you wish to hear but I'm sure the truth is better than false hope.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
Experience: 30 years General Practice. All aspects of Property Law
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.I see you have relisted this. I can confirm that the answer you have had is correct.