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Transfer with propery

Posted by Mockingbird 
Transfer with propery
July 18, 2019 08:07PM
Hi, I am looking for some clarification on my consent order. I have a transfer with chargeback which states that my ex must transfer to me 'all his legal and beneficial interest in the family home subject to the mortgage secured against the property, on condition that as from the date of transfer the property shall be charged by way of legal charge...' It also states further down that I will 'use best endeavours to procure the release of respondent from any liability under the mortgage on or before sale of property.'
At the time, I was told this basically meant the title deeds would be transferred into my sole name but his name would remain on the mortgage until I could remove it. As yet the transfer is yet to take place and I have contacted my solicitor several times to no avail. I am now worried that the transfer may not be able to take place without his removal from the mortgage or at least the say so of the bank. The whole point of the chargeback was because although I have paid the mortgage solely for 6 years +, I am not in the position to take on the mortgage solely. Please could you clarify this as after 5 years of a contentious divorce I thought it was all sorted bar a transfer of title deeds.
Thank you
Re: Transfer with propery
July 19, 2019 10:28AM
You need to contact a conveyancing lawyer about the transfer. It is the responsibility of the person to whom the property is to be transferred (ie you in this case) to prepare the transfer document. It is your ex's responsibility to prepare the document which relates to the charge back but he cannot do that until he is presented with the document for transfer of the property.
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