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Transferring an interest in a property

(8 Posts)
VirgoGrr Sun 04-Nov-12 13:00:35

I'm 12 months seperated, thinking about divorce and considering doing it without representation to save on the expense.

The situation is pretty uncomplicated, not making any financial claim, no money to fight over, no kids. The only thing that I'm not sure about is handling the legal aspects about our house. I'm hoping it'll be pretty straightforward, but I thought I would ask if anyone else has experience of this sort of situation.

ExH has agreed in principle that I will keep the house, currently in negative equity, so there's nothing there for him to claim. The idea is that he signs over his interest in the house to me, we change the ownership at the Land Registry so that I'm the sole owner and he walks away. The mortgage is in joint names at the moment, however, he's paying nothing toward it. I'm working but there's no way I could remortgage into my name only at the moment.

I've had some solicitor's advice that it's perfectly fine to ask that he transfers his interest in the property to give me control over my home and that we have a signed agreement that I will remortgage into my name as soon as I can to relieve him of his financial responsibility. I don't think he will quibble about any of this, it's just the technical details that I need to find out about.

Has anyone gone about this on their own? I'm currently wading through the guidance on the Land Registry website but any help would be gratefully received.

solittletimeandsomuchtodo Sun 04-Nov-12 17:44:06

Interested in same question but want to transfer out of loan.
Is a whole new application by the single person required by banks?

Collaborate Sun 04-Nov-12 20:05:25

You can only have that arrangement be binding if you get a consent order within divorce proceedings, and you'll need a solicitor for that.

STIDW Sun 04-Nov-12 20:08:37

Unless they happen to be a family solicitor most people will require a solicitor to draft the agreement into a consent order. Only after the consent order has been submitted to the court and ratified by a judge it is legally binding. Without a consent order your husband may potentially make claims against you in the future when you have acquired some equity.

IT's then a case of completing the Land Registry Form TR1 to transfer the property. A solicitor will do that on your behalf and there shouldn't be a huge additional cost involved.

STIDW Sun 04-Nov-12 20:09:28

X-posts! blush

Charlene1 Sun 04-Nov-12 23:35:09

as long as the bank can lend you enough to cover the mortgage and you can prove that the payments are not more than about 45% of your net income it should be fine smile

VirgoGrr Mon 05-Nov-12 08:33:22

Thank you for your wise words. smile
Does anyone think I would save any money by submitting the divorce forms myself and just getting a solicitor involved to do this consent order and handle the house part?

Charlene1 Mon 05-Nov-12 19:19:40

yes, you can get divorce forms from county court - it costs £345 to file them.

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