Please help, transferring house to my name

[Iwillbealone]

H has left me and is going to move in with his OW. I am living in the marital home with our 2 children and DH has agreed to sign the house over to me.

I know that I need to do the form TR1, but I am unsure how to fill in certain bits:

-currently me and DH own the house without a mortgage - it is in both our names but I can't recall whether it is joint or in common (not sure whether it matters, if it does, I am going to have to find out)

-I already own half the house and I am going to be owning the whole house so I am the transferee but who is the transferor - is it just DH or is it me and DH?

[Kathyjelly]

I think it rests on if you own the house jointly or on a tenancy in common basis. Jointly, then the tranferor is both of you. Tenancy in common, the transferor is H. But you'd better check.

Good luck for the future. I'm curious, now the house will be all yours, is there something you'll change that you wanted to do before but couldn't really?

[Sassa]

Hi

Get the oce from the land registry or online, it costs only £4. It will tell you the form of ownership JT or TIC.

You may want to tick the box that says you are receiving the transfer in contemplation of a divorce settlement?

Do also get a final financial order or separation Deed drafted just incase he changes his mind later.

Best regards

Sassa

[Iwillbealone]

Thanks very much for your help ladies.

[LittlePushka]

it does not matter whether you own it as JT or TIC for the purpose of a transfer. The transferor is both of you. transferee is just you. You (just you)will also need to complete an SDLT 60 form for stamp duty self certification to say that the transfer is part of a matrimonial settlement.

When you have signed the forms you ought to do a search against the title mumber(s) of the property. I am assuming that your property is a registered title (though it may not be). It is called and OS1 and it will give you a period in which your transfer can be dated and registered without any other change to the property title being registered.

When you have dated the TR1 and the SDLT60, you will need to register the transfer at the Land Registry witin the priority period given by your OS1 search. There is a specific form to fill in (AP1)and a fee to pay

If you are not taking any formal legal advice on the property transfer (whether by a solicitor or any otherlegal advisor)then contact the land registry and ask for the customer service dept of the office which deals with the area in which the property is located. They are usually very helpful.

Of course,I must say that it can be useful to get some legal advice on the property aspect/settlement/provision for DC/matrimonial situation.

But then I would say that wouldn't I...