Problem with bank release of deeds post divorce

H

hivas9

Registered User
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Hi, I'm in the process of doing a house swap with cash,basically i'm trading up.But there having problems getting the bank to release the deeds as there's money owing and it's after a divorce so the husbands name is still on the deeds.They agreed a settlement where she pays the balance but he has to sign off on this to release the deeds which he doesn't seem to be doing.
My question is if he's going back on the settlement where does that leave me.Could this drag on for years or does the fact that it was stamped by a judge mean he will have to comply?
 
Presumably you have consulted with a solicitor about the divorce and/or property transaction? If so what does s/he advise on this issue?
 
Your post is very hard to understand.

Am I right:

The house was in joint names.

A settlement was achieved whereby the husband was to sign over his share of the house to the wife. She took on the mortgage?

Now wife wants to sell the house and buy another but the bank won't release the deeds because they want the husband to sign an authority to do so?

If not right, please post the correct information. Also in what form was this settlement- a deed of separation, a court order, a settlement made a court order or just an agreement, subject to deeds etc being executed.
 
Hi thanks for all response,yes Vanilla most of your questions are correct it was in joint names and a settlement was agreed but there's money outstanding which she will clear when we do swap.But because his name is on the mortgage the bank want him to sign his interest over and send it back,i think it's a deed of separation.
I don't know all the details as i didn't think i would be involved but this is holding it up.I haven't signed contracts but i would like to continue with it especially with the current climate in the property market but don't know if it's going to drag on as this is more to do with divorce law which i know nothing of.
 
Aaaaah!

Would it be fair to say that you wish to buy a house and these issues are arising from the vendors' side? Because your posts are very difficult to understand.

You need to talk to your solicitor. They need to talk to their opposite number. It should be possible to work out what the precise problem is. Once that is established, you can decide whether the parties on the other side are in a position to go ahead or not. And when. You can decide whether you wish to hang in there or move on.

mf
 
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