removing a name from House Deeds

[proudpaws]

Hi, Wondered if you could help me at all?

 

Two years ago my husband and I split up after 25 years of marriage. All is agreeable and amicable. He agreed I can have the house, I paid him a sum of money, car , bike pension etc.

 

My question is this, can I get his name removed from my deeds without going through a solicitor and encountering a large fee?

Also can we get a divorce without people telling us what we have to split? as we are quite happy with things as they are.

 

Your help is much appreciated.

 

Sonja

[rebel11]

Thread has been moved to the correct forum.

[AndyOrch]

http://www.hip-consultant.co.uk/blog/transfers-of-equity-and-legal-ownership-of-a-property-123/

 

Regards

 

Andy

[assisted blonde]

No one can tell you what to split/share when you divorce it is up to you and your ex, solicitors will advise and probably want you to ask for x y and z as they have to get the best deal for their client, but ultimatley it is up to you both. If there are no children involved then you can get divorced without the involvment of a solicitor but this can cause a problem as it is harder to get a clean break settlement if this is what you want. Solicitors do as much or as little as you want them to( remember you are employing them) if you get a DIY divorce with no clean break settlement then at some point in the future either of you can claim on the others assets such as pension funds etc.

[brokebutnotbeatn]

Getting his name removed from the deeds is easy. Just a form you both have to sign that you can get from the Land Registry (there is a fee but it isn't huge); as you are both consenting you won't need a solicitor. You can get divcorced without a financial agreement but it isn't advised. You should therefore both complete a set of financial statements and agree what youa re doing. The judge can then word a court order appropriately and it should be straightforward. In your situation a DIY divorce if you are both happy with the agrreement should be straightforward.

[Ganymede]

Getting his name removed from the deeds is easy. Just a form you both have to sign that you can get from the Land Registry (there is a fee but it isn't huge); as you are both consenting you won't need a solicitor. You can get divcorced without a financial agreement but it isn't advised. You should therefore both complete a set of financial statements and agree what youa re doing. The judge can then word a court order appropriately and it should be straightforward. In your situation a DIY divorce if you are both happy with the agrreement should be straightforward.

 

 

 

If the mortgage is joint the OP will need to speak to her mortgagor to see if her ex husband coming off the title deeds affects the mortgage.

[brokebutnotbeatn]

This can be done independent of the mortage company. If the mortgage company will not agree then you can get a court order as part of the Divorce that states the husband gives up all title to the house etc and this is sufficient to remove him from the deeds. I know as I did just this.

[jackieandwayne]

However, when I got just such a court order 15 years ago, as part of my divorce, the mortgage company just would not comply with it. Years later when i wanted to sell the place it caused a massive problem. I got it sorted, but not legally, and I don't dare say what I did on here.

[proudpaws]

There were few months of the mortgage left when we split,I continued to pay and this has now been paid off fully. there is no mortgage company involved. I do have a 16 year old daughter and we agreed a fee that he would pay each week for her upkeep, which he has paid without fail.

 

As for the divorce he seems to think that i can go and get it all sorted and he will just sign something and agree. Does it work like that? I doubt it.

 

thanks for all your help so far.

[jackieandwayne]

Then in your case it will be quite straightforward I should think. I had pronlems because there was a mortgage, even though I had religiously paid it on my own for the best part of 15 years. That wasn't proof enough that I could manage alone apparently!

 

I would make an appt with the CAB for the solicitor (free), or pop in and get 1/2 hour free advice ( I think!) from any of them, just to ensure you are on the right track, but really, if you both agree, and no third party, ie., mortgage company etc., are involved, then I don't see why it can't all be done and dusted very quickly.

 

The chaps opn here are very good, perhaps they can point you in the direction of where to start!

[proudpaws]

thanks for that, its knowing where to start thats the prob, i went to CAB once and as there is only one office open in my city and only on certain afternnoons i ended up waiting nearly 3 hrs to be seen! Not something i really want to go through again .

 

Isnt there some ruling where a couple have lived apart for 2 years or more things are simpler than a regualar imediate divorce?

 

cheers

[AndyOrch]

http://www.terry.co.uk/two_years_separation.html

[brokebutnotbeatn]

Pop into your local court. They are very helpful and you can get a leaflet that tells you what forms to fill in.

The only complication with a mortgage is that if the company doesn't play ball then you would have had to get both signatures on any paperwork related to selling. So, with a non cooperative party it is a nightmare. So I have a non copoperative party on the mortgage but with no title claim to the property. This in spite of the fact that he was declared a 'nil' earner when we got the mortgage and is still a nil earnier now and I have never missed a payment in 10 years. A nuts sytems if you ask me! The deeds can be changed independent of the mortgage in some cases.

Good luck. Your case is very straight forward and you should have no problems doing it yourself. If you really get stuck pop in to see a family lawyer; the forst 20 mins are usually free and you just want them to give you a list of the relevant documents you needs to download and submit to the courts.

[jackieandwayne]

brokebutnotbeatn - The only complication with a mortgage is that if the company doesn't play ball then you would have had to get both signatures on any paperwork related to selling.

 

Oh aye, it is a problem indeed. I did say in my first post that I didn't want to say how I got around it - I expect you can guess what I did out of sheer frustration in the end! And anybody else who guesses what I did 15 years ago - don't do it. Lets just say the ex was in a place where he wasn't at all interested in legal documents at the time, and judging by the state he was in when I passed him lying on his back reeking of drink in the High Street three weeks ago, he'd still have no interest today!

 

You can google HMCS and look at all the forms that are available online, most of them come with explanatory notes that you can print out also.

[proudpaws]

I do not have a mortgage.

[AndyOrch]

Just follow the link in my post #3 proudpaws, Im not sure why everyone is posting re mortgages.

 

Andy

[brokebutnotbeatn]

We are getting carried away with our own experiences. Sorry. No mortgage AND cooperative ex AND 2 years separation = easy DIY divorce. Simples!