My wife and I have divorced and finally reached a financial settlement which includes me paying her off a share of our home. How do I remove her name from the house deeds?
If as a result of the financial settlement you have remortgaged the property to help raise the money to pay your ex-wife her share of the home, then the position is relatively simple, as during the process of remortgaging, the property will be transferred from your joint names into your sole name.
The former joint mortgage will be repaid out of your new mortgage funds and the property ending up in your sole name with your ex-wife being released from her obligations under the existing mortgage.
It is essential that if you are paying, in addition to repayment of your joint mortgage, an additional capital sum to your ex-wife, that the consideration shown in the Transfer into your sole name is the total of the capital amount payable to your ex-wife plus her one half share of the existing mortgage debt, which you are, effectively, absorbing. However, if there is no additional capital payment to be made and you are simply absorbing the existing joint mortgage, then this could be dealt with by way of a Transfer of Equity into your sole name.