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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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Hi Ben - id like to get a Property Transfer Order completed.

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Hi Ben - i'd like to get a Property Transfer Order completed. Situation is that my ex wife and me separated 4 years ago, At that time we agreed that i'd keep the ex-matrimonial hone and pay her a cash lump sum plus transfer all interest in another property we had into her name. All has gone to plan apart from I've been unable to get the title of the ex-matrimonial home transferred into my sole name. Mortgage Company simply say they like two borrowers better than one. I've tried selling the house, but market is very stagnant. I'm resigned to having to stay here for the foreseeable future but my ex, understandably, is unhappy that she still gets letters etc., about a mortgage and property that she, and me, consider as nothing to do with her. We're now divorced and have moved on in all but this one issue. Can I get an Order Transferring the Property to my sole name?
Thank you for your question.

You have done everything that you can to try to resolve this situation but if the existing lender won't allow you to transfer the title and mortgage to you, you can't sell and you can't remortgage then your options are exhausted.

What you can do is enter into a supplementary Minute of Agreement to the effect that until one of the above transactions can take place, you will be responsible for the mortgage and that your ex will not make any claim on the house notwithstanding that the house and mortgage remain in joint names.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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