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Transferring an interest in a property

(2 Posts)
VirgoGrr Sun 04-Nov-12 13:02:09

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.

laptopcomputer Sun 04-Nov-12 13:05:33

I did this a lon time but did find that I couldn't chane the deeds into my sole name whilst he was on the mortgage. In the end I got a guarantor, a mortgage in my sole name and then shanged the property into my name as well. I don't know if it would def still be the case, but my understanding is you can't take his name off the property deeds whilst there is still a mortage on the property ith his name on it.

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