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Removing name from deeds

(9 Posts)
Happylander Fri 02-Nov-12 10:07:56

Hello all,

I have recently found out that my compensation from having my DS is going to be more than £50000 which means I can lower the mortgage enough to get in my own name and get ex removed from the mortgage. I do not have to pay him anything just need to get it lowered enough to have one in my own name.

This is the first house I have owned so don't know much about the legal stuff. How do I go about getting his name removed from deeds and mortgage etc

I don't really want to spend lots of money on solicitors and I don't think he does either as he pleads poverty all the time....amazing really considering his household income is more than £70,000 and mine is £26,000 but hey ho. I just want to get him so the only tie I have with him is our son

Thanks for any replies

lisaro Fri 02-Nov-12 10:54:36

The only way you'll be able to do that isn't seeing a solicitor, and I think (not 100%) that you'd need to re mortgage as opposed to just taking his name off the mortgage. So you'd need initially to speak to your mortgage provider.

Collaborate Fri 02-Nov-12 11:00:04

Get a transfer of equity application form from your current lender. You'll need to instruct a conveyancing solicitor.

lisaro Fri 02-Nov-12 14:11:32

Sorry - in my post the isn't should have been is. But you've got better advice now. smile

taxiforme Fri 02-Nov-12 16:40:32

Its like selling your house, even though nothing really is changing. You are best advised to seek legal advice.

mumblechum1 Fri 02-Nov-12 16:49:10

You need to get him to sign a TR1, which is the easy bit. Getting his name taken off the mortgage account is the tricky bit as the lender has to either agree to release him from his covenants under the mortgage or remortgage in your name only. Either way they'll charge you a fee.

As Collaborate says, you do need to get a conveyancing solicitor to help.

You should really also have a consent order within the divorce proceedings so that he doesn't claim anything further in the future.

Fairylea Fri 02-Nov-12 16:54:48

I'd get a mortgage quote first (either from your current lender or elsewhere) and askt them. They often have solicitors who can do it all in one go for a reduced fee..this is what we did to buy my mum out of our house and remortgage a year ago with nationwide.

Happylander Fri 02-Nov-12 22:03:39

Thanks for replies. I have been told by mortgage provider that I will need to get a mortgage in my own name so will be re mortgaging. Thankfully we were not legally married so do not need the consent order. I was just hoping we could do it without solicitors but seems not.

I am very excited about it all and relieved as ex keeps threatening to take me to court to force sale. I am proud that as a single parent I have managed to hang onto my house despite my ex trying everything to make me fail. It is lovely to know I have something to pass onto my DS as this was my Nan's house.

How much do they usually charge you?

12 months ago I was a total mess when ex left but I can now say my life is 100% better grin

mumblechum1 Sun 04-Nov-12 08:41:49

Well done Happylander smile. So far as charges go, my conveyancing colleagues in Berkshire would normally charge about £300 to 400 plus the Land Reg fees etc iirc. It may be cheaper if you're in the North, or if you can get your mortgage lender to do it through their inhouse solicitors.

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