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I've just gone through the transfer of title and mortage from joint names over to mine. It's a fairly annoying process and is not as easy as just signing a few bits of paper.
You will need (both you and your ex) a solicitor, a family law one to manage the transfer of land.
Firstly you both need to come to an agreement on the settlement terms of the transfer over to your name. Beware, family lawyers will try to take you for money in order to let your ex get what they deem to be "fair" compensation. In order to get around this, you will need to get something in writing from your ex stating that he doesn't want any finiancial payout and incorporate this into a binding financial agreement - This can only be executed through the solicitors.
You will also need to complete a "financial statement kit". This will protect you in the future if he ever decides that he has some claim to the house, assets, your superannuation e.t.c.
While this is all been negotiated with the solicitors, you will need to contact the bank, as they hold the title of the land. You need to arrange a discharge authority of the existing mortgage, in preperation of the change of title and payout of your existing loan and transfer of the mortgage into a new account under your name only. Your solicitor can request this or you can request it yourself.
Once your binding financial agreement is all signed off, the bank will then send out new mortgage docs, transfer of land docs e.t.c.
It's a long process and there is no easy work around unless you decide that you want to keep the house under both your names - which I would not recommend given that it sounds as though your ex is contributing nothing towards the payment or upkeep of the property. You don't want him to come back in "x" amount of years claiming that he has a a vested interest in the property and demanding a payout and or sale of it.
I started this whole process back at the beginning of August and am only just now coming to the tail end of it all.
Keystart wont just transfer the mortgage into my name... i have to go through a whole application all over again. They told me all i have to do to get his name off with out having to go thru the family law is to reapply for the loan in my name to pay out the existing loan and that will release the hold on the title in both of our names and I can get the title changed at Landgate via settlement agent or some crap. he has never lived in the house. we broke up long before the slab even went down. he cant claim anything from it even if we did to go thru family law because all the money has come from my account including all the bills/deposits and hes never had my bankdetails or any of the details on how to pay the loan so he cannot prove that he has put anything towards it.
