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can i remove a name from deeds without a solicitor?

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minxymo | 17:42 Wed 13th Apr 2005 | Business & Finance
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My husband and I have recently seperated and I am re-mortgaging in order to pay him a lump sum. I need to remove his name from the deeds and as the split is amicable, I was wondering if this could be done without a solicitor?
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The short answer it is perfectly possible for individuals to deal with property matters without using lawyers, but because you are remortgaging the new lender will insist on a solicitor being used to safeguard its interests.
As you are merely separating , and not divorcing do be aware taht any agreement you come to with your husband will not prevent the court from making different provision if there is a divorce in due course. In any event at the very least you should get all the agreement written down and signed by both of you.

Your mortgage lender (either the new or the existing one - your choice) will insist upon doing all of the work (both yours and theirs) including that with the Land Registry and Revenue under the heading of "Transfer of Equity". Simply write to your chosen lender under this heading setting out your proposals and they will take over and guide you through. A charge of about �250 + VAT is usual. Four or five signatures will be required from your ex. Some circumstances give rise to a charge to Stamp Duty so be sure to check with your lender to avoid unexpected bills (or phone 0845 6030135 and check direct). Some lenders insist that the ex instructs a solicitor to deal with their end of the matter, and in that event it must be accepted.

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