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Family Home

7 replies

Whattodonow6322 · 01/05/2021 17:42

I am in a very fortunate position that my ex and myself own our family home - no mortgage.

He is happy to sign the house over to me. Does anyone know how we do this please? I know I need to change the deeds which is through the land registry but which forms do we need completely please? TIA

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mumofthe21stcentury · 01/05/2021 20:25

Here is the form: www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

If it's part of a divorce settlement then there's no stamp duty issue.

If it's not, then perhaps you should double check whether this transfer will trigger stamp duty

Whattodonow6322 · 01/05/2021 22:04

Thanks for the link I will have a read.

We have just agreed between ourselves that he will sign the house to me & then he can keep his pensions & the savings we had together so I am assuming no stamp duty?

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florencemartingale · 01/05/2021 22:17

You’re correct - no SDLT as no mortgage or cash given, so no effective consideration.

www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property#if-you-transfer-or-divide-up-jointly-owned-property-or-land-unmarried-couples-and-other-joint-owners

MooseBeTimeForSummer · 01/05/2021 22:21

So you were married? Are you in the process of getting the clean break set out in a Consent Order?

Whattodonow6322 · 02/05/2021 08:16

Thanks for the link.

We were together 20 years & married for 12. We were just arranging the split ourselves. I have applied online for the divorce so now just splitting our assets.

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prh47bridge · 02/05/2021 09:23

You need to get a consent order. If you don't, it is open to either of you to take action against the other for a financial settlement. If, for example, he falls on hard times and you win the lottery, he could come after you for a slice of your winnings. You may think he would never do that, but you cannot be sure.

Whattodonow6322 · 02/05/2021 09:58

Ok thanks I will look into a consent order & what I need to do

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