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Joshua
Joshua, Lawyer
Category: Legal
Satisfied Customers: 26215
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a Shared Ownership property which was bought in

Customer Question

I live in a Shared Ownership property which was bought in 2007 along with my now ex wife. We split up shortly after moving here and are divorced now, but it seems the solicitors did not process the removal of my wife's name at the time of the divorce and the landlord cannot remove my ex-wife's name from their documentation without a Court Order. The Land Registry confirm that her name has already been removed from their copy of the Title Deeds. How should I go about obtaining the Court Order?
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Joshua replied 6 years ago.
Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.

  1. Did you enter into a consent order with your ex wife as part of your divorce proceedings please?
  2. Would your wife be willing to cooperate in the matter?
Customer: replied 6 years ago.
I think my ex wife would be willing to co-operate. I don't have an address but I do have a phone number and have texted her. No reply yet. She signed some papers to say she wanted nothing from me when we were being divorced.
Expert:  Joshua replied 6 years ago.
Thanks. In that case you have two choices depending upon her willingness to cooperate:

If she is willing to cooperate then you need only draw up a transfer deed and have her sign the same to transfer the title. You will need to involve any mortgage lender and the landlord to request permission before you do so. The mortgage lender (if there is one) will either need to sign the transfer deed too or provide a Deed of Release in order to release your ex wife from the mortgage. From there it needs only to be registered at H M Land Registry.

If she is not willing to cooperate then you would need to apply to the court for a consent order. This is a court order ordering how assets are to be divided. It is a good idea anyway as technically either of you have a potential claim against the others property unless such an order has been made. If she is willing to agree such an order then it is just a question of you agreeing how assets are to be divided and then for this to be rubber stamped by the court. If she will not agree then you may have to litigate.

There are many solicitors who will offer an online cheap service for preparing a consent order if you can agree the division of assets.
Joshua and other UK Property Law Specialists are ready to help you
Customer: replied 6 years ago.
There is no mortgage lender as I have already paid off the mortgage.The Land Registry have already removed her name from the Title Deeds they have, but the housing trust who own 60% of the property have not. This is the problem....
Expert:  Joshua replied 6 years ago.
Thanks. Did she sign a transfer deed?
Customer: replied 6 years ago.
I don't know. My solicitor and I were involved in a dispute over fees because of the length of time it was taking to sort the divorce out. The whole thing ended acrimoniously between me and my solicitor. I suspect this could be where the problem lies.
Expert:  Joshua replied 6 years ago.
Quite possibly.

When you transfer a shared ownership property you need to get consent from the landlord to do so. The lease will provide the criteria for which consent will be granted. Have you asked the landlord if they will grant consent if you can provide them evidence that your ex wife transferred her interest to you and they have responded that they will only grant consent with a court order or are they unaware that she may have signed a transfer?
Customer: replied 6 years ago.
The landlords say that I must get my ex wife to transfer her interest to me "In accordance with Paragraph 1 of the Court Order" but I haven't seen the Court Order. They say it is normal practice for both parties to instruct their solicitors to do so, but, as far as I am aware, this has not happened in our case.
Expert:  Joshua replied 6 years ago.
Which court order do they refer to?
Customer: replied 6 years ago.
I'm not sure. Searching through my papers I have found a Statement Of Information For A Consent Order which I have filled in, a couple of letters from my solicitor referring to the Consent Order and a copy of a letter from her solicitor saying the Consent Order had been signed. But no details of a Court Order. There are references from both solicitors and a No. of Matter from the Principal Registry of The Family Division, so I'm guessing this is traceable...
Expert:  Joshua replied 6 years ago.
OK. You need to take a step by step process with this. Begin by asking the landlord for a copy of the court order to which they refer as you are not aware of the same given the age of the matter.

In the assumption that there is a court order it likely orders the transfer of the property to you. In that case you should be able to obtain copy of the transfer deed from either the Land Registry or your solicitor which you can then provide to the landlord in order that they can grant consent.
Customer: replied 6 years ago.
I have received a letter from Metropolitan Home Ownership saying that my ex-wife's name "can easily be removed from our details" and giving instructions as to how. I would like you to act on my behalf in this, so if you could contact me at***@******.*** perhaps we can discuss how to proceed. I have not yet received any copy or details of any court order previously made.
Expert:  Joshua replied 6 years ago.
unfortunately the terms of service on this site prevent me from accepting private referrals however I do not think you will find it difficult to find a local solicitor can easily assist you with this very cost effectively

With best wishes