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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Could the land registry be the answer?

  • jaw
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28 May 09 #119668 by jaw
Topic started by jaw
I have been doing some research...Have I understood this correctly..? The land registry act 2002 requires the deeds (the paper copies of who owns the property/land) to be scanned by land registry, to enable an 'electron' database of all 'deeds' to be made, for security purposes, thus negating the need for paper copies to be held.

If this is correct and the land registry details, for my property, already specify me as the proprietor with 'title absolute', does this supercede the paper deeds held by my mortgage lender which, according to them, have my ex spouses name on them?

If this is the case would a letter to my mortgage lender stating this,and a copy from the land registry, persuade them to remove my ex-spouses name from my mortgage? If ex-spouse doesn't have the house as collateral surely its not in the lenders interest to keep him on the mortgage..?

I need his name removed as I am unable to negotiate on my mortgage without ex-spouses permission!

  • TBagpuss
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28 May 09 #119681 by TBagpuss
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Are you sure that the mortgage compnay is saying that it is the deeds to the property, and not simply the mortgage deed which is in joint names?

It is possible that the property is in your sole name, but the mortgage is in joint names. It may be in the mortgage company's interest that your ex remains on the mortgage even if s/he is not an owner of the property, if he or she has income or other assets.

(It would however be in your ex-spouses interest to have his name off the mortgage.)

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28 May 09 #119686 by jaw
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I am the sole owner and he is on the joint mortgage :(Trouble is I can't negotiate on the mortgage deal which is coming to an end soon, I've been on a tracker rate and will end up on the SVR if I can't get his name off my mortgage :(He's not too bright and thinks he should have have equity in return for taking his name off the mortgage! The bailiffs are persuing him at the moment and he's looking for a way out - its the CSA again, so he's not a happy bunny...! Catch 22 for me, if he paid up, £4000, I wouldn't be worrying about renegotiating on my mortgage...

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