Transfer of title deeds???

[chel86]

I'm hoping someone can help me with some advice.

My marriage has broken down and we have separated. I'm worried about the house. My credit rating wasn't the best when we bought it so it was all done in my husbands name. My name is no-where on the deeds.

I have worked out finances and I can afford to keep the house, but legally can I? Can the title deeds and mortgage be transferred to me? My credit rating is a lot better now, I would say better than his!

I just dont know where I stand?

You need to consult a solicitor on this one.

Before anything else you need to register your matrimonial rights to occupy the former matrimonial home with the Land Registry to ensure that it isn't sold before a divorce settlement is reached. A solicitor can do this for you or the form and notes are available to download from the Land Registry website.

If you can afford the mortgage it may be possible for the house and mortgage to be transferred to you. However, your husband might have a claim on some of the equity and you would need to buy out his share. Alternatively it might be possible for his share to be held as a chargeback to be paid sometime in the future.

The other consideration is your mortgage raising capabilities. Although you may be able to meet mortgage payments your ability to raise a mortgage depends on your income.

Everything depends on the specific details of your case - the value of solely and jointly held assets, respective incomes, the duration of the relationship, ages and if there are children and their ages. A solicitor can tell you where you stand and what options there are even if you then go away and negotiate an agreement between yourselves or with the help of a mediator.

Hope that helps. :)