she wants money take her name off my home

G

greenhouse

Guest
Hi, Can anyone help? I had to remortgage last summer but had to place my exwfie ( Novemeber) as an owner of my hosue, we are now seperated and she wants 40K to take her name off my house is there anything i can do, she never once paid any bill or mortgage towards the upkeep and i even set her up in a new house, but she wants money to take her name off anything i can do??
 
See a solicitor. The bank may not oblige anyways in taking her name off the deeds.
 

In the eyes of the law you are co-owners of the house. When you set her up with a new house, do you mean you bought a new house for her? (Was this part of a legal agreement between the two of you in lieu of her getting anything out of the main home?). You cant remove her from the deeds without her and the bank's consent. You need to get a solicitor. Legally she is entitled to 50% share of the house as a co owner unless you can proove in court there was some agreement between the two of you that she doesnt have a claim.
 

Not strictly accurate. There is a difference between legal ownership (being named on the face of the deeds as an 'owner') and beneficial ownership (having a provable entitlement to a share/all of the ownership, which may or may not coincide with legal ownership).

Go and see a solicitor.
 
Surely the ownership of the house was dealt with in the separation agreement between you?
 
Hi, We agreed but only verbally that i she would not look for anything to do with my house, I had to put her on it only because I had to remortgage and would have got hit with stamp duty(wish i had now) but our agreement was i set her up in a house and by her a car to which i did both, this was our arrangement.While legaly she may be intitled to half but how can she have half of nothing their is very little equity on the house after one year of a remortgage and house prices have fallen so low? really appreciate all the feedback.......
 
So you had a verbal or partly verbal separation agreement?. Not a good idea.
 
Greenhouse,

I still can't understand why you would put her on your deeds. There is no charge to stamp duty on a remortgage. Do you mean that she was on the deeds from the beginning, and that you intended removing her when you remortgaged? That would have given rise to a charge.

In any case, your ex-wife is a registered owner of the property and probably co-mortgagee as well. If she refuses to transfer ownership of the property to her, your only option is to look for a court order.

Is the property in positive or negative equity?
 
Hi Its now more than likey got no equity rather then makeing any on it in the last year, i have to say my solicitor told me to put her on it to save on stamp duty tax, was he wrong, i cannot believe he was?
 
Hi No it was bought normaly, in that i mean i bought it well before i met her, thanks for any help offered
 
Greenhouse were you still married when you remortgaged? If that is the case then transferring the property into joint names would probably have been the right thing to do and there would have been no charge to stamp duty as you were a married couple.

If you were separated at the time of the remortgage then I don't understand the advice to transfer the property into joint names.

Regardless of the above, there is no easy way out of your current situation. However, assuming your ex is also co-mortgagee, then she should be reminded that she is jointly & severally liable for the borrowings. If you are willing to remortgage the property in your name only, then you will release her from this obligation. This in itself is valuable. If the property is in negative equity, then releasing her from her obligations to the mortgagor is similar to making a payment to her.
 
Hi, Thanks for the advise. One last question she has now come back and said she will take her name off the house for 20K, there is only probaly 40K equity on the house now.I have told her that i might offer 15K over a period of time, was i wrong to offer anything, does anyone know if there is a premise for paying this money over a period of time, or is the usual just find 15k somewhere?I will talk to a solicitor as i think if i offer to sell the house i could pay off my bills (30K and start from fresh, what do you think?) she will then only get 5K and she's not even legal here, doea that make a difference, sorry for all the questions.
 
can you just confirm that she is on the deeds to the house and not just on the equity loan for the house. you said you bought the house prior to meeting/marrying her, so the house was solely in your name only, did you then get the deeds changed to show her as co-owner??
 
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