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Buying husband out of property

6 replies

theyarereallytakingthepissnow · 19/04/2023 05:04

Any advice gratefully received.

We're both in agreement on what the plan is. Before I can get the mortgage to buy soon to be ex husband out I need the deeds in my sole name. Can I transfer the deeds into my name myself without using a solicitor or is that stupid? Any idea of a timeline to achieve this?

Also, is it ok to start the online divorce process or should I wait?

Thanks so much in advance.

OP posts:
Mumof3confused · 19/04/2023 07:16

Definitely divorce and file a consent order first.

winteriscoming2022 · 19/04/2023 07:20

When I bought my exh out of the family home I spoke with the mortgage company first. They agreed I could mortgage in my sole name on my income and I then contacted a conveyancer/ solicitor. The process was simple and painless and ex decided not to take his own legal advice. I paid him a cash settlement which was completed between us not through the solicitor. This was a few years back and we had a good working relationship which helped. We finally got divorced years later when the children were over 18, again, very straight forward and not using solicitors as there was no property nor under age 18 children. I guess in hindsight it could have gone very wrong if he had denied I paid him or had decided to go for a percentage of my property on divorce. However he had moved on, had a new partner and new mortgage so everything was fine

MrsMontyD · 19/04/2023 07:26

Mumof3confused · 19/04/2023 07:16

Definitely divorce and file a consent order first.

This, don't do anything (except have a mortgage in principle agreed) until you have your decree absolute and sealed consent order.

Your divorce solicitor will usually deal with getting the paperwork for the land registry in place. My exH signed the document at the same time as the consent order if I remember correctly.

RedHelenB · 19/04/2023 14:26

Mumof3confused · 19/04/2023 07:16

Definitely divorce and file a consent order first.

Not necessarily, my divorce solicitor advised me to crack on with it before . Your mortgage company need to agree to a change in the deeds though and to take him off the mortgage.

theyarereallytakingthepissnow · 20/04/2023 08:16

Thanks all that is so helpful. Children are adults so it's quite simple really as we've agreed on what I'll pay him and he'll keep his pension intact so I do hope not to involve any solicitors.

OP posts:
Mumof3confused · 20/04/2023 09:59

You still need a solicitor to write the consent order and file it. It’s important you do this.

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