Land registry

[kathlee]

Should I remove my name from the land registry to allow my ex to remorgage or sell the house, not signed final divorce yet and financial process not been to court yet been 21 month now 2 court dates cancelled and he wont produce a Morgage in principle so not sure he can even get one, was told I could write a letter of consent for this instead and remove name once the remorgage is accepted

This is the sort of thing a solicitor should be able to advise you on. To me (not a solicitor), I'd be wary of taking my name off the registry (is this the same as deeds) before a financial settlement has been finalised. You don't want to inadvertently give away your rights to the house/the money from the sale of the house. Plus it costs money to change names on deeds. This needs to be included in any arrangement.

The Land Registry won’t remove your name from the deeds upon receipt of a letter of consent: you’d need to sign a Transfer of Equity Form. This Form would make any mention of any £ you will gain from removing a registered interest.

If you have a mortgage lender they’d also need to consent to this change as they’ll have a restriction on the property that prohibits the registers (ie deeds) being changed ie ownership. They won’t do this.

He can definitely get a mortgage offer with your name still on the property. The only difficulty he’ll have now is with mortgage rates as they are a lot higher than when this process begun.

What actually happens is that your ex will obtain a new mortgage that effectively discharges the exiting mortgage in your joint names.

The Land Registry will only change details upon receipt of a Transfer of Equity, a Form Discharging the Existing Mortgage and a new Mortgage Deed in his sole name.

I’d hire a Solicitor once he’s produced a mortgage offer. This is a relatively straightforward procedure and shouldn’t cost more than a few hundred pounds.

Complicated 27 years married I wasnt on the morgage just him, but was granted marital home rights which stops him from selling or remorgaging the property without my consent I dont want to remove this until a financial agreement is in place, was lead to believe a letter of consent would allow him to remorgage before my name was removed fro the home rights

No no no... the point of home rights is that you maintain your rights in the home. If you sign away these rights then you might as well never have put the thing there in the first place as he will be abke to do what he wants without reference to you. He could for example take out all the equity in loans and mortgage so that there is nothing for you to take a share of. Keep it there intil the financial divorce is signed off!

Ah so you have a Matrimonial Home Rights Notice registered. This needs to stay in place. Do NOT withdraw this: it’s protecting you.

He can get a mortgage offer with this notice on there or even agree a sale of the property. If he tells you otherwise…he’s lying.