in june 05 my ex tpartner tansfered the property which was in his name ownly into my sole name. I have a letter off him saying that he was selling it me for the amount that his mortgage at the time was for, which was considerably less than the market value - his decision. I then went on to obtain amortgage in my name and redeem him from his mortgage.He never wanted a penny from me as he was going back to his ex wife. Then his ex wife did not want him but by then I had also met someone else. A year on he is now saying he wants the transfer set aside and has appied for a unilateral notice on the property, because he did not sign the transfer in front of a witness - the witness signed it after. I had a solicitor acting for me and he was advised to take independant legal advise which he chose not to. It is now with the land registry whose next step is to send it to a adjudicator. does anybody know what his chances may be in getting the transfer set aside. Bearing in mind he is not denying signing the transfer in the first place. He also did receive some monies in a cheque from my solicitor as there was some money left over when his mortgage was paid off. Ironially he received and cashed the cheque but is now saying he never received a letter with the transfer so he did not no what he was signing, or any letter from my solicitor advising him to take legal advise.
Clearly you must go back to your solicitor and obtain his advice. It is not, however, necessary for the witness to have see your ex sign it. If he shows the document to a witness and says "This is my signature. Please will you witness it" then that is fine.
Hi Didcot thanks for yr reply, It was actually me who asked her to sign it (he was not present). he specifically asked me to ask her. I then took it baqck to him and he sent if back to my solicitor.