How do i get a name off of property deeds?

Obviously we don''t know the detail .. but surely it is not really swindle when it is marital cash we are talking about?

If she has had a problem with compulsive spending or similar that is something she needs help with.

Having her name on the deeds of the house does not give her access to the hard cash that represents - if it is joint names, she would e.g. need her husband''s agreement to take out a loan against it.

Are your parents getting divorced? If they are, the best thing is to make this a matter to be sorted as part of any financial settlement.

Hadenoughnow

cavalino wrote:

The situation is that my father wants to remove my mother from the house deeds at his house as she has been dishonest and cheated him out of many thousands of pounds,and has asked me to find out how to do it.
She will cooperate as we,the family have explained to her that its for the best as she just cannot be trusted.

Yes, that does sound very dodgy to me. Does your mother agree that she is dishonest and cant be trusted???

If she will cooperate then see a conveyancing solicitor. If not then your father should apply to court for Ancillary Relief.

Ok heres the low down on the situation.
My mother left my father for another man 32 years ago,they never divorced and remained in contact.My father is very trusting and generous and amazingly agreed to put down a deposit for a house for them which in turn was meant to be a 25% stake in the property when it was ever sold,so he thought it would be a sound investment.
He was also convinced that it would be a good idea to invest further in the said property by means of £20,000 for an extension 20 years ago,so like the man he is he went ahead with out my knowledge.

To cut a long story short my mothers partner died back in September and all the dark secrets came to light.
It turns out that my fathers initial stake in the property was only drawn up in a deed of trust and was not registered with the land regristry so he had no claim over the property.
Furthermore my mother and her partner took out a equity release loan in 2004 for £90,000 and spent the lot.The lending bank own 90% 0f the property leaving only 10% and as my mums partner left no will and his daughter from his first marraige laying claim to it,looks like there will be nothing left.The Bank gave my mum notice to quite the property in January and as she never divorced my dad and her name is still on my dads house and she had no where else to go she moved back to live with my dad.
The situation stinks and has caused no end of rows between me my sister and mum.She has emptied his accounts in the mean time also,but he is just to trusting and soft.It is a wierd and strange set up i know and thats why he has asked my at least if she can be removed from the house deeds as she has had more than enough out of him.Suerly the fact that she hasnt lived with him for over 30 years means that she has no claim of his property even though her name is on the deeds?? What a complete mess. My parents are both in there 70,s and it feels like they are both waiting for the other one to die first,thats why this needs sorting out.

Edit

Sorry just realized they are still married?!

She will certainly have a claim on the house. If she chooses to walk away with nothing then that is up to her. But it seems this is not likely. She will get a settlement as if the last 30 years never happened.

If he had not allowed her to move back in then he would be in a much better position.

Cookie is right. She does have a claim and not just to the house . To what extent it would succeed would depend on a number of factors.
What alternatives are there for housing her?
Housing need is going to be an issue. As cookie says, it would be better if she had not moved back in.

You say she has emptied your father''s accounts. Do they have funds in joint names she can access? Or is he allowing her to do this?

Does he enjoy good health and full faculties? If there is any doubt, it may be worth setting up a power of attorney to protect him.

One immediate thing that can be done is severing the joint tenancy if this is how the house is held. This means that if he dies, his share does not automatically pass to her. This can be done unilaterally: she does not have to agree. Divorce proceedings do not have to be under way for this to happen.

Is there a plan to formalise a divorce?

Hadenoughnow

My father has all his faculties at the minute,he is fairly fit and healthy for his age 74.My mother suffers from high blood pressure and takes medication for it.

Yes have thought about severing joint tenancy,how is this done ,how do i sort it for him please?

Very unlikely they will divorce,not much point i suppose both in there 70,s they should have over 30 years ago!

cavalino wrote:

Yes have thought about severing joint tenancy,how is this done ,how do i sort it for him please?

Very unlikely they will divorce,not much point i suppose both in there 70,s they should have over 30 years ago!

Well, severing the joint tenancy might not be very effective if they do not divorce. If your father were to die then your mother would be a surviving spouse, and could contest the will if sufficient provision were not left for her (for example the house).