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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Transfer of equity, does it take long?

9 replies

User69371527 · 01/12/2023 15:43

On an emotional rollercoaster today!

Marital home has been for sale since May this year but is not selling. I’ve been in a rental house with the kids for a year, sharing a room with my youngest. stbX has remained in the family home.

Divorce has started but we can’t apply for financial order yet and aren’t ready anyway as waiting cash values of my public sector pensions.

STBX recently said he thought he could afford to get a mortgage in order to buy me out. There is currently a very minimal one on there.
This is good news for me.

There’s a local house I’ve been interested in for a while. He told me what he could afford to buy me out at and with a top up from my dad I had an offer accepted on the house today. Yay! And they’re chain free. Whisk like to complete by end of March. Yay again!

but…. How complicated is it going to be to get off the deeds and mortgage of the other house and sort out the transfer of equity? Is it going to hold up my purchase and massively annoy my buyers to whom I have been sold as a chain free cash buyer?

I’ve got a solicitor in the background but STBX and I have largely been sorting out stuff ourselves and have had one session of mediation where the outcome was to get my pension valued, and to maybe do some offsetting of me taking less than half his pension in return for more house equity than he thinks I should have (complication of large inheritance on his side).

is this going to be a non starter in terms of timing?
Surely we can still divide the house equity and cash and still have ongoing discussions about pension split?

OP posts:
User69371527 · 01/12/2023 15:44

😫 someone tell me it can be done!

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User69371527 · 01/12/2023 17:36

A hopeful bump

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Minglemangle007 · 01/12/2023 17:51

When I used to be a mortgage broker, we used to tell people it would be quicker to remortgage rather than do a transfer of equity. No idea why they took so long and I'm hoping things are quicker now.

Not what you wanted to hear but that's all I have, sorry.

User69371527 · 01/12/2023 18:04

Thank you
but I have to be off the deeds of the matrimonial home before I can buy the new house otherwise I’ll have to pay a higher rate of stamp duty I think.

it all just sounds like so much admin but am desperate to move on and also not miss out on this house

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Forevermermaid · 01/12/2023 18:51

I remortgaged my property so I could buy STBXH out. From getting my new mortgage approved to transferring his share of the equity to him took 7 weeks.
This was last summer. Good luck!

Dramalady52 · 01/12/2023 19:31

Regarding stamp duty, I believe you have up to 18 months before you have to pay the extra. My ex bought a house with the new partner whilst we were still trying to sell the FMH, it took ages for various reasons (dickhead buyer) but we just got it sold in time for him to avoid paying the higher rate.

User69371527 · 01/12/2023 21:31

Thank you, that sounds a bit more encouraging, it could be doable!

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User69371527 · 01/12/2023 21:32

Forevermermaid · 01/12/2023 18:51

I remortgaged my property so I could buy STBXH out. From getting my new mortgage approved to transferring his share of the equity to him took 7 weeks.
This was last summer. Good luck!

@Forevermermaid did you do that before you did the divorce and financial order? Was it much hassle with a solicitor and were there any stamp duty issues?

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User69371527 · 02/12/2023 09:58

I think perhaps my title should’ve been “can we do transfer of equity before consent order” if we’re in agreement. And avoid stamp duty.

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