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Divorce/separation

Transfer of property

7 replies

ClaudiaFringe · 06/12/2017 14:49

My husband and I have separated and the plan is that he will live in his new house (his name - his mortgage) while I stay in the marital home (currently joint names - joint mortgage). I am planning on taking on the mortgage myself and I will also need to transfer the property ownership to my name only.

Apparently you can do this yourself through the land registry - has anyone done this before? Is it straightforward to do, or would you recommend using a solicitor?

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Afterthestorm · 06/12/2017 19:20

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ClaudiaFringe · 06/12/2017 20:01

I've done some research online and it looks like you can do it yourself by completing forms AP1 and TR1 on the Land Registry website. However, if the property has a mortgage, the mortgage provider often stipulates that it is done through a solicitor.... So maybe check first with the mortgage provider to see if you can do it yourself?

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butterfly990 · 06/12/2017 20:51

You will need to also apply to your mortgage lender for them to agree the release of your ex from the mortgage.

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QuiteLikely5 · 06/12/2017 20:56

You need to prove to your lender that you can afford the mortgage on your own and only then will they consider taking his name off. Once you have passed the affordability and credit checks then he is required to sign the docs to have his name removed from all relevant paperwork

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tessdougall · 08/12/2017 23:33

QuiteLikely5 is right. Transfer of equity, I think, usually happens after your have agreed your divorce settlement, and in my case it was handled by the mortgage solicitors. And don't assume it's a simple case of transferring the mortgage from joint to sole - I had to find a new lender, and it took several months to sort out.

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Sprig1 · 12/12/2017 11:39

I did this recently. You will need to do a new mortgage application (either with your current lender or a new one) so they can confirm affordability. I went with my current lender and they appointed their own solicitor who did the conveyancing of the 'sale' (me buying out my ex) for free and charged £300 for the transfer of ownership part.

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ClaudiaFringe · 12/12/2017 16:02

Thanks, this is helpful. My mortgage provider will do the legal side of it for me too (for £250).