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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.

Divorce- Remortgaging in sole name.

9 replies

PinataHammer · 31/05/2025 20:27

I am currently going through divorce after being separated from my husband for nearly 5 years. I have remained in the family home with our children and paid mortgage/all bills on my own.
As part of the financial side we have agreed an amount for me to "buy him out".
I earn well and shouldn't have a problem getting a mortgage for the remaining value of our joint mortgage + extra to pay him.
My question is when do I do this? The fixed rate on our joint mortgage ends in August, conditional divorce won't he granted until October.
I feel really thick and just want the financial side done with, I've buried my head in the sand long enough!
Who does the transfer of property deed, and the final consent order? A solicitor? I don't want to pay for things I can do myself.
Whilst there was a lot of hurt in the separation we are very amicable and both agree on the financial side.
Thank you for any advice anyone has!

OP posts:
socialdilemmawhattodo · 01/06/2025 00:32

Regretfully for this in the identical situation I had to employ a conveyancer solicitor. Due to the weaselly wording needed by the Land registry for transfer of a property I already owned. 2 hours charged. Can recommend.

BackToRealitySigh · 01/06/2025 00:34

I need to do this too. Have finally applied for divorce. I used my EAP legal service at work who said I need a solicitor to draw up financial order and a conveyancer to transfer the deed. And something about the paperwork and making sure it's done in the right way so you don't have CGT despite it being primary dwelling.
I really need to actually call somebody - (terrible procrastinator with things like this - suspected adhd)
I will use this as my inspiration next week!

myrtle70 · 01/06/2025 00:41

I did the transfer title and mortgage through my bank / lender. They had a recommended online conveyancer and it was all done online or in branch.

howdowedothenewnormal · 01/06/2025 08:32

I’m doing this at the moment. Remortgage is with Halifax and they arranged the solicitor for me.

Needanadultgapyear · 01/06/2025 08:35

Have you fully sorted out financials including pensions etc and has this order been sealed by the court. Do not pay any money till the court has sealed the financial order otherwise he could spend it and you end up needing to pay more.

millymollymoomoo · 01/06/2025 08:39

if you are changing your mortgage lender yiull
also need a survey done ( even only drive by ) but yrs you’ll need a conveyance solicitor for this part.

we sold our house split the money and bought properties before consent completed/ but we’re amicable and didn’t have concerns about doing so

BreezyBlock · 01/06/2025 10:30

My solicitor did this all for me. Can you ask yours to help? This was because it was part of the divorce. I arranged the mortgage with the bank but the solicitor did everything on the timing

PinataHammer · 01/06/2025 20:19

howdowedothenewnormal · 01/06/2025 08:32

I’m doing this at the moment. Remortgage is with Halifax and they arranged the solicitor for me.

I'm with Halifax too, I've booked a call from a mortgage advisor tomorrow. I'm really hoping it's straightforward.
I feel silly for not really understanding how it all works, it was certainly easier to get married than it is to divorce!

OP posts:
PinataHammer · 01/06/2025 20:22

myrtle70 · 01/06/2025 00:41

I did the transfer title and mortgage through my bank / lender. They had a recommended online conveyancer and it was all done online or in branch.

Thank you, I hope it's as straightforward as this. I got an agreement in principle years ago when he first left, I earn more now so I hope I don't have any problem getting an agreement. It's just mentally exhausting not really understanding the loops to go through before the divorce can be finalised.

OP posts:
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