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Tenants in common, freehold and divorce

3 replies

InProgress · 07/03/2018 09:19

My husband and I divorced a couple of years ago. From that I have a court order which states that the family home is mine alone and that I have another year to get his name off the mortgage (this condition was due to my circumstances at the time).

The property is leasehold. I've bought the lease to make it easier to sell. Selling will get his name off the mortgage so all good there.

I'm confused about a question on the final form before transferring the lease. It says

"Where the transferee is more than one person, place x in the appropriate box.

Declaration of trust. The transferee is more than one person and

A) they are to hold the property on trust for themselves as joint tenants.
B) they are to hold the property on trust for themselves as tenants in common in equal shares
C) they are to hold the property on trust"

So my ex and I are on the mortgage and are both named on the lease. But the house is mine and ex has no benefit from the house.What do I need to tick for this question? Thanks

OP posts:
MyKingdomForBrie · 07/03/2018 09:22

Transferee is the person receiving the transfer. That’s just you, so you don’t tick any box.

InProgress · 07/03/2018 10:38

Brilliant, thank you. That was sort and sweet. Grin

OP posts:
InProgress · 07/03/2018 10:39

*short

I'm too relieved to type

OP posts:
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