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Legal matters

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House deeds

8 replies

Bringitonnowibeg · 05/08/2024 13:13

I jointly own house with ex husband. Bought a year ago but now I live in it myself with my children.
Solicitor saying we have to sign the deeds but I've took him off the land registry and not sure how many rights I have as I don't pay towards mortgage at all as he pays it in place of child maintenance.
I'm on the mortgage so should have a right to sign ?

OP posts:
Bromptotoo · 05/08/2024 13:50

@Bringitonnowibeg not sure I understand this.

The house is in both your names. Were you living together as husband and wife when it was bought; did you purchase as Joint Tenants or Tenants in Common?

In what way was he 'taken off the land register'?

In simple terms though if your solicitor is asking you to do things they should explain the whys/wherefores.

Collaborate · 05/08/2024 13:53

I agree. The original post is contradicting itself.

Bringitonnowibeg · 05/08/2024 14:01

Thanks for reply and sorry for confusion. I suppose I don't really know what I'm doing here.
I want to know if the house is in both our names but I don't pay anything towards it have I still rights to it and rights to sign deeds ? Never understood about having to sign deeds or anything, thought it was all done. Don't want to lose any rights if possible.
I took him off the land registry as I pay the rates myself anyway.

OP posts:
BloodyAdultDC · 05/08/2024 14:04

Land registry records who owns the property - not who lives there (and pays the council tax).

Taking someone off/adding them on to the deeds requires legal intervention - certainly forms filled in by bothe parties.

If you were previously married you can register matrimonial home rights but iirc this is removed after the divorce.

You need to find out who is requesting anything signed, and why?

CraftyNavySeal · 05/08/2024 14:11

BloodyAdultDC · 05/08/2024 14:04

Land registry records who owns the property - not who lives there (and pays the council tax).

Taking someone off/adding them on to the deeds requires legal intervention - certainly forms filled in by bothe parties.

If you were previously married you can register matrimonial home rights but iirc this is removed after the divorce.

You need to find out who is requesting anything signed, and why?

Right OP are you think electoral register?

You can’t remove someone from deeds on the land registry yourself. A solicitor, your husband and the mortgage company would have to all agree.

Bringitonnowibeg · 05/08/2024 14:16

Thankyou so much

OP posts:
AgreeableDragon · 06/08/2024 22:37

More information is needed OP. Who is this solicitor acting for? Did you instruct them or your ex?

In any event DO NOT SIGN ANYTHING UNTIL YOU HAVE TAKEN INDEPENDENT LEGAL ADVICE!

EliflurtleAndTheInfiniteMadness · 06/08/2024 22:55

This is really confusing. I'm guessing you mean you told the council he was no longer living there so they removed him from council tax bill? There's no legal way to just take him off the title to the property without his and the banks agreement or a judge authorising it. Paying the mortgage doesn't make a difference to legal rights or ownership, rarely a judge might chose to consider this in the property split.

I can't think what signing deeds refers to from you solicitor as he can't just sign the property over even if he was willing too. If you're both on the title you have the same rights of ownership until/unless there is a financial split agreed between you or orderd by the court. If you are both on the mortgage you can make enquires regarding the mortgage, see balances and so on but the two of you along with the bank would have to agree to any changes. I'd get it documented in some written communication if not already that the mortgage payments are I'm lieu of child maintenance. This is unlikely to matter but I like to cover any possibility.

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