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Mortgage solely in my name but have a deed of trus

  • Luna Shadow
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01 Jul 16 #480710 by Luna Shadow
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Is there a restriction on the land registry title relating to the deed?

If not I'm not sure she can prevent you selling the property. In that scenario I would be inclined to make the offer hadenoughnow suggests and if she refuses let her take you to court.

If there is a restriction then you may have no option but to go down the court route if she is not prepared to be reasonable. Did your ex contribute to the deposit?

  • Chellie
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01 Jul 16 #480713 by Chellie
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No I put the deposit down. I'm not sure what you mean about a restriction but I did remortgaged some years ago which I had to have her permission for and she asked for £500 down payment to sign her right to a sitting tenant

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01 Jul 16 #480719 by Luna Shadow
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You would see the restriction if it exists on the land registry title. If you don't have a current copy you can download it for I think £4 from the land registry website.

It sounds like there may be one if you had to have her permission to remortgage - otherwise how would the lender have known about it?

I don't know what the 'sign her right to a sitting tenant' would be - and what effect the payment of £500 would have had. I think it may well be worth your while gathering all of your paperwork up and taking it to a solicitor for a fixed fee meeting.

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01 Jul 16 #480724 by Chellie
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Ok I will start there. Thank you

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01 Jul 16 #480728 by Chellie
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The problem is that my ex was, well still is a very controlling and very manipulating person I have suggested mediation but she says only if I pay for it and she's not willing to disclose any paperwork (such as bank statements) she says they can't give legal advice or force her to attend and just tells me to take her to court knowing I want to avoid this avenue I have threatened to just stop paying the mortgage and that we would both lose out but she just gets verbally abusive
She has 6 dogs and says she would have to have them put to sleep if I made them homeless.
She will agree to a 70/30 split in my favour of the sale of the house providing I still pay mortgage to the end of term which is another 9 years. I've worked so hard in that house to just throw it away but it's looking like I may have no option

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02 Jul 16 #480745 by hadenoughnow
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There are conditions that need to be met for her to be a sitting tenant.

www.lodgerlandlord.co.uk/2010/03/09/the-...lodger-and-a-tenant/

Was the document you mentioned drawn up by a solicitor?

Hadenoughnow

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02 Jul 16 #480752 by Chellie
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Thanks for that link the deed of trust was drawn up by a solicitor 18yes ago but only states that I am to keep house in good repair and take no loans out against the house as miss X is named as the beneficiary on this document
My will leaves every thing to her and the same with my pension my life insurance pays the remaining mortgage balance off should I die
I've yet to get all this sorted

Chellie

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