property transfer

[rita2007]

Could someone please tell me how long one can expect, from first steps to property transfer deed form, to transfer a property to another family member?

Is this an amicable and friendly transfer?

yes, i suspect my husband is transferring his properties to his mom as he anticipates i will be fling for a D when i return home in a few weeks.

Do you know how many properties he currently owns?

If you contact the Land Registry ask them if it is possible to do a search of their records. You may be able to search on his name and get a list of the properties registered to him at the present time.

Unless his mother pays the full market price for the properties they will still be regarded as assets of the marriage for the purposes of the financial settlement. Unless the divorce takes a very long time (several years) it will be for him to prove that the transfer was genuine and not just an attempt to hide assets from the divorce.

Your solicitor (or you) can file a Notice at the Land Reg to stop properties being transferred in these circs.I did a case about a year ago where the husband had a portfolio of buy to lets & we stopped the sales going through but the file's archived now so can't tell you the name of the form you need but I think it was RX1.

You could have a look on the Land Reg website, but it would be sensible to get your solicitor involved immediately as they'll need to do a statement to back up your application(s).

Also what about stamp duty?

i have asked the lawyer but she just wont get back to me about what we can do now - maybe because i am not in uk yet?

Sounds like your lawyer is fobbing you off. Tell her if she doesn't deal with it and he transfers the property when she should have registered a caution at the Registry, you'll sue her for negligence.

can i register a caution at the land registry myself?

i just got off the phone with the L and she said we cant put caution on properties that are soley in his name only

Look up the Land registry web site yourself and check that she is correct.

i already did and it does not state this.

Sorry am at home now so can't look up the details, but it is definitely possible to register a caution against dealings of matrimonial assets (which they are, irrespective of them being in his name, but only if divorce proceedings are at least pending, preferably issued. Is that your situ?

Since October 2003 it has NOT been possible to register a new caution.

Sorry, I think maybe I'm using the word caution when I mean restriction.

As I say, I'm not in the office at the mo', otherwise I'd be pulling out the file on which I registered half a dozen caution/restriction/whatever they're called these days/, which I dealt with just last year.

i think i need to apply for the D first tho.