transfer of property into my name

[BeattieBow]

I wonder if anyone knows about this. I think I have got H to agree to transfer the house into my sole name (together with all the equity in it). I wonder whether we can achieve this without telling the mortgage company?

I wonder whether an agreement just between ourselves will be sufficient, or whether we need to go the whole hog and get the land registration details etc changed.

I would be taking the house in exchange for not taking any of his considerable salary in maintenance. is that a really stupid idea too? (I do earn pretty well myself, but not enought for luxuries or to go on nice holidays etc). I will never be able to afford a house like that on my own salary and it is important to me to have this as security for the future.

When I got divorced the solicitor had to write to the mortgage company for them to agree that his name could be taken off the deeds before it could be done (even tho e was staying on the mortgage as I didn't earn enough to be on it myself)

oh right, so he can stay on the mortgage but not be on the deeds? That sounds good! (for me not him).

I don't mind that really - I just want the house to myself and not to have to give him any equity (not that there's much so I 'm not fleecing him).

Is he housed? Because obviously as he is staying on the mortgage then it will effect his chances of owning another property. Also, if it is in lieu of child maintenance a court might not sign it off as after a year you could go to the CSA & get C, or are you talking about spousal maintenance?.

Yeah that's what happened to me.. He didn't want anything to do with the house and almost had it repossessed so I got him to hand it over before he could do any more damage. The mortgage company won't let me take him off because I don't earn enough even tho I've been paying it myself for 3 years !! The solicitor had some clauses wrote in stating he had no claim on the house, couldn't use it for any type of loan and if he went bankrupt it couldn't be touched !!

I'm the same as you newtothisstuff. I can actually afford to pay the mortgage, but if I applied for it I wouldn't get it as I don't earn enough on my own. those clauses sound useful to my situation too! H nearly went bankrupt last year when he got into a mess with his tax.

redhelen, he'll rent for a while I think, but he earns quite a lot and should be able to save for a deposit fairly quickly I think if he wants to buy. then I expect we'll have issues about what he can afford if he's still on the other mortgage. I was thinking of not taking any money off him in return for this - either for me or the children. But I'm sure he'd use his money to take the children on holiday/buy them stuff, and I can afford to feed/house them on my salary so we should be fine. I don't want his money anyway tbh, it gives him too much leverage over me, and he doesnt' stop moaning about how much he's giving me, and how it's his money etc etc.

Banks often refuse this as if they go from two to one borrowers themselves to more risk.They generally look into the finances to check affordability before they allow it.You can get a consent order though with a good family lawyers advice where conditions are put in the house and the equity which you dh owns ATM is allocated to you and he cannot touch it even if bankrupt unemployed etc. Hope things are ok goodluck withnthe baby x

well we'll both still be borrowers, so presumably they'll have to get some security from H (or a kind of cross default clause I presume, so that if he defaults, I can be liable for that), but I'll be the only owner of the property. I'll try and do some research and then visit a solicitor to get it all drawn up. It's very empowering actually taking control - I feel that I'm finally doing something (am also getting him off the joint bank accounts) - and he's finally taking this seriously. Its great seeing him grovel!

I think if needs be we can just have an agreement betweeen ourselves, but I know this isn't as enforceable.

(Noddy am fine - 4 weeks ish to go! hope you're ok. I may try a trip to B in the next few fridays if you're around?).