Hi
I have agreed to help a colleague with a court application she wishes to make to have her ex-spouse removed from the deeds and mortgage of her home. I am a Solicitor but this is totally NOT my area, so would appreciate some guidance!
Brief facts are that she and spouse bought a house under shared ownership scheme and both appear on deeds and mortgage deed as joint tenants. He sounds like a total loser and never paid either towards mortgage repayments, rent or any bills. He did make ad hoc payments to buy food or clothes for their child.
Some years ago they split up and my colleague conducted the divorce proceedings as a litigant in person as she had no money for legal advice unfortunately and was ineligible for legal aid. She did not deal with the question of ownership of the home unfortunately. A year or so ago, the ex-spouse said he would sign the home over to her in exchange for £4000. Rather predictably I am afraid, she took him at his word, handed over the money but he then refused to do this and says he will need another £4000 to do this.
Assuming that the mortgage company will give her the mortgage in her own name [please correct me if I am wrong but I understand that without a court order the mortgage company can re-issue the mortgage deed in her sole name????????] she would like to issue proceedings to have his name removed from the deeds of the property and it transferred into her sole name.
I assume that to do this I issue using a normal part 7 claim form and the remedy is that an order is issued removing ex-spouse from deeds of property [and mortgage deed?]. However, I am unclear what the legal basis of the claim should be - is there some special statute that deals with this or is it lack of consideration (never contributed to property) etc. Likewise, I assume the particulars of claim just tell the story so to speak?
Many thanks
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Legal matters
Family law advice - removing ex-spouse from deeds and mortgage
10 replies
Gurraun · 02/04/2013 13:22
OP posts:
Clare45BST ·
25/11/2018 23:07
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Clare45BST ·
25/11/2018 23:08
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