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Transfer of equity(4 Posts)
My ex-partner and I have a joint mortgage and there is a deed of trust giving him a share of the house. I paid a large part as a lump sum so he only has a proportionate share. He left a year ago following a breakdown, taking none of his property, not even clothes. He went to work one day and did not come back. He has continued to pay towards the mortgage by direct debit to my bank account but refuses to enter into any discussion with me about the house or his belongings. I have now received a solicitors letter saying basically he wants to transfer his share to me without receiving any payment, he just wants me to take over the whole mortgage in my name. I am willing to do this and have an appointment with my bank to set things in motion.
Our double garage is full of his belongings, tools, lathes, bikes, 3 lots of weight machines. In the house is a loft full of stuff, books, two drum kits, a large amount of personal property. In addition he has the only key to the main garage door, meaning I cannot use it for my car. He has also stored my passport in a safe place, which could be anywhere.
I have two questions: firstly, do I need a solicitor to so anything with the land registry as well as the bank? And secondly, I understand that if the house is transferred to me its entire contents become my property. I do not want to be responsible for having to dispose of such a large volume of stuff, I don't even know what a lot of it is and am not physically able to move it. It seems that he just wants to walk away and leave me to deal with everything. He inherited a large amount of money two years ago and so it seems he feels he can just afford to replace everything without taking any responsibility. Is there any way he can be required to remove his property?
I may at some point need to sell the house and am fearful that with things left in this way that would be very difficult.
If you get his equity then you are being well paid for any inconvenience. I think you've done well! Just get a house clearance company to clear the loft and garage - the tools alone could be worth their while,
I don't agree that in law if you own a property you then become owner of the contents. You will instead remain as bailee in law for his belongings. So I would suggest you write to his solicitor once you have seen our lender and tell them all his stuff is there and what does he want doing with it and ask them where your passport is and that you need the garage key. If they don't nkow abot passport and key then you will have to pay to have the garage door opened by a locksmith and a new lock put on and apply to the passport office for a lost passport. the cost of those 2 things is probably less than the equity you will get from the property transfer.
Yes your solicitor will need to change the deeds at the landregistry once the mortage is transferred to your sole name. They will then send you a copy of the property register showing only you as owner. Make sure that does happen and also I would make sure you have all this in writing - perhaps a formal Termination of Trust deed you sign and your ex signs so he cannot later say he never agreed to the trust termination and property transfer. Keep copies of all that in hard and electronic form for ever as you never know when an ex will come out of the wood work with a new claim.
You could also make the removal/transfer of ownership of his belongings part of the legal paperwork for the house. It seems doubtful that he will actually collect his belongings so, as someone else suggested, you may well end up needing to get a clearance company to come and remove everything. I know it's an inconvenience to you but surely a bit of short-term pain is worth it in order to be able to move on with your life unencumbered by his belongings and the physical reminders of him everywhere in your home?!
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