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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex husbands name is still on the Land Registry documents

Resolved Question:

My ex husband's name is XXXXX XXXXX the Land Registry documents as co-owner - he is not and has not been since 1985, I wish to sell my house what implications are there for us?
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.



What was agreed pursuant to your divorce with respect to the house?


Is there a Court ORder confirming that the property should be transfered in to your sole name?


Is there a mortgage on the property?



Customer: replied 6 years ago.
In the process of the divorce the house was left for myself and my children and should I sell the property or buy a subsequent property in percentage terms two thirds to me and one third to them.

There is no Court Order transferring the property to my sole name - I have just completed paying the mortgage which is how I found out my ex-husband's name is XXXXX XXXXX the Land Registry documents.
Expert:  Thomas replied 6 years ago.



How was it agreed - just privately or through solicitors?


Why was a Court Order stipulating the settlement not obtained?


Would your husband now sign the Land Registry transfer form transferring his interest either to you, or from you/him to your buyer?




Customer: replied 6 years ago.
This was all done through solicitors. I have the court papers stating as previously quoted, but nothing that says the property was specifically transferred to me.
Yes he would be happy to transfer the house now if that is what needs to be done.
Expert:  Thomas replied 6 years ago.



If you have a Court Order stating that the property should be transferred to you then that's fine - the Court does not deal with the actual transfer of the property, this is done by registering the transfer with the Land Registry. As long as you have an Order stating the terms of the settlement then you are not in any difficulty.


It will not impede the sale but I would register the transfer to you now by going and seeing the solicitor who acted in your divorce or a local conveyancing solicitor. Take your Court Order with you and explain your situation. They will then submit that to the Land Registry who will amend the register in to your sole name so that you can more easily proceed with the sale once it is agreed.


If you do not have a Court Order setting out the settlement then you will have to effect the transfer by obtaining your husband's signature on the LR Transfer that your conveyancing solicitor can prepare.


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Kind regards,


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