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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Husband handing over house

115 replies

Mollylegs · 16/06/2023 18:29

Hi my husband left me last year we'd been together 21 years and married for 16. The house is in my husbands name. He is willing to hand the house over to me. My parents are going to give me money to pay a chunk of the mortgage. That is where I thought it best to get a solicitor. I've been told I have to get divorced and I have to have a five month cooling off period. I need this sorted sooner rather than later, I spoke to my solicitor yesterday who didn't tell me she was going on annual leave from today for a fortnight. I don't understand why I can't sort out the house sooner, if we weren't married how would they manage to do it? I'd be very grateful for some advice. Thanks in advance.

OP posts:

Original poster

Mollylegs · 19/06/2023 15:48

Hi @J0S I'm afraid the house is just in his name, my solicitor has gone on holiday for 2 weeks and my husband said he doesn't want to keep paying the mortgage.

OP posts:

prh47bridge · 19/06/2023 16:00

Mollylegs · 19/06/2023 15:48

Hi @J0S I'm afraid the house is just in his name, my solicitor has gone on holiday for 2 weeks and my husband said he doesn't want to keep paying the mortgage.

It will take more than 2 weeks for him to sell the house.

Your husband is trying to scare you with threats. He is not on your side. Don't listen to him.

MooseBeTimeForSnow · 19/06/2023 16:11

Your matrimonial home rights can be registered at the Land Registry

Original poster

Mollylegs · 19/06/2023 16:13

I am just going to have to wait until she comes back and see if I can meet with her face to face, we spoke last Friday on the phone, it was a very bad connection and I just ended up confused. All I want is my home for my son and myself to live in. I get that it must seem like I was being stupid in that I just wanted to hurry up and get the house before he changes his mind. I know someone else pointed out that he shouldn't be paying the mortgage, which I get but he knows I can't afford it and he can. He's just came back off his 2nd holiday at the same time as telling me he hasn't got any money to pay the mortgage, his £800 take home pay a week and the mortgage is £342 a month. I get other peoples point of view but he said when he left he would pay the mortgage until I could take it over. Now he doesn't want to pay it and the solicitor told me that I have to go through the divorce first to get a consent order. It's just a worry.

OP posts:

ConfessionsOfAMumDramaQueen · 19/06/2023 16:28

Get your matrimonial rights registered. Then he can't sell it without you knowing:

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_sole_homeowners/preventing_a_sole_owner_disposing_of_or_selling_their_home#title-0

If he does put it up in meanwhile, you live there! You can refuse viewings and tell the estate agents it's your marital home and don't agree to it being up for sale or to people entering the house. Demand they take it down. While he may be able to since it's in his name, it will definitely put the estate agents (and buyers!) off as you won't let them view and it would clearly be a very frustrated sale and they'd likely back well off. Also your solicitor would be able to help you apply to courts to prevent sale until divorce sorted.

It's in his name, his mortgage. He won't not pay. It would screw up his credit rating.

Preventing a sole owner disposing of or selling their home - Shelter England

The ways for a non-owning spouse or civil partner to prevent the sale include registering pending legal proceedings or their home rights.

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_sole_homeowners/preventing_a_sole_owner_disposing_of_or_selling_their_home#title-0

Original poster

Mollylegs · 19/06/2023 16:38

@MooseBeTimeForSnow Hello, my solicitor has done that, thank you though

OP posts:

Original poster

Mollylegs · 19/06/2023 16:42

@ConfessionsOfAMumDramaQueen I have already been to see a mortgage advisor and I have a mortgage agreed in principle. I am now worried if I have to wait 5 months or probably longer I may end up being refused a mortgage. Thats one of the reasons I was trying to hurry it up. My solicitor has registered my rights to the house x

OP posts:

Milkand2sugarsplease · 19/06/2023 16:53

The house is considered a marital asset regardless of who's name it's in.

It would also take months for him to sell it, so don't worry about it being sold from under you.

If the mortgage is in his name, he will continue to pay it so he doesn't screw up his credit rating for the sake of £300 a month. Can you pay him what you can towards it in the meantime?

J0S · 19/06/2023 16:57

@Mollylegs your husband can change his mind at any time. He has already changed it about paying the mortgage, hasn’t he?

So you need to stop letting him control you and act upon the advice you have been given. I understand it’s frustrating , I’m in a similar situation and it’s been longer than you. But you can’t deal with the house in isolation, you need to look at all the matrimonial assets together. For example you say he has no pension but you have NO IDEA if he has one or not. Many husbands keep substantial savings , pension and even other properties hidden from their wives .

So you must do what your solicitor says. IF you don’t like this one get another one, you are the client.

Mumof3confused · 20/06/2023 21:58

Stop speaking to your ex. If the mortgage is in his sole name he is wholly responsible to pay it and will get in a lot of trouble if he stops paying.

SueVineer · 20/06/2023 22:35

Mollylegs · 19/06/2023 16:42

What would change in 5 months that you would be refused a mortgage?

Original poster

Mollylegs · 21/06/2023 05:28

Hi @Milkand2sugarsplease I could offer to pay towards the mortgage but it wouldn't be the full amount, I'm not sure he would accept that x

OP posts:

Original poster

Mollylegs · 21/06/2023 05:30

Hi @SueVineer I suppose it's just in case they decide my being on benefits isn't a good idea.

OP posts:

SueVineer · 21/06/2023 17:29

Mollylegs · 21/06/2023 05:30

Hi @SueVineer I suppose it's just in case they decide my being on benefits isn't a good idea.

I don’t understand though- you have no income at the moment yet you say they have approved you. What type of mortgage did you apply for? Is someone guaranteeing it?

Original poster

Mollylegs · 21/06/2023 19:19

Hi @SueVineer it's for a small mortgage of less than £30,000. I'm on a certain benefit that has allowed me to put in an application that was accepted.

OP posts:

prh47bridge · 21/06/2023 20:15

SueVineer · 21/06/2023 17:29

I don’t understand though- you have no income at the moment yet you say they have approved you. What type of mortgage did you apply for? Is someone guaranteeing it?

Show quote history

Mortgage lenders can't discriminate against you just because you are on benefits, so many lenders accept some or all of the income from certain benefits as income for the purposes of a mortgage application.

RedHelenB · 24/06/2023 14:03

I did this. Started divorce proceedings but the house was signed over to me prior to this. And my bank took tax credits and child benefits into account for affordability of mortgage
We also didn't do form E but we both knew what assets we each had. My sol drafted a consent order, ex signed and a judge stamped it. Very straightforward.

RedHelenB · 24/06/2023 14:14

Mollylegs · 17/06/2023 15:19

Hi @prh47bridge I told my solicitors assistant to say I didn't want FFD, I just want to hurry up and get the house before he changes his mind, or his new bit on the side saying she'd like to live here. As far as I know he hasn't got a solicitor. Do you know if he can just sign anything my solicitor sends him without him having a solicitor, thanks x

He doesn't have to have a solicitor but your solicitor should recommend he does engage his own legal representation.

sevenbyseven · 24/06/2023 14:26

Any money your parents give you now could end up being considered part of the marital assets in the divorce so it's probably not wise to accept financial help from them until the divorce is finalised.

If the mortgage is solely in your h's name it's his responsibility to pay it. It sounds very affordable in relation to his income so it's hard to see that being a problem for him.

Don't be railroaded by your ex into making hasty decisions that aren't in your (or your children's) best interests.

millymollymoomoo · 24/06/2023 14:55

Follow the legal people’s advice on here

dont rush
yiu need financial disclosure. You need to reach a fair division of assets - unless there are others elsewhere I have no idea why he’d simply hand you all the equity in the house. Spousal maintenance on what equates to a salary in the range of 50-60k per annum seems unlikely to me but solicitors can advise in that

do things properly using the correct processes and advice

he will want to come off this mortgage as remaining on it will impact his ability to get another
m

nevynevster · 24/06/2023 15:43

Mollylegs · 19/06/2023 15:48

Hi @J0S I'm afraid the house is just in his name, my solicitor has gone on holiday for 2 weeks and my husband said he doesn't want to keep paying the mortgage.

It doesn't matter whose name the house is in. It's a matrimonial asset and all matrimonial assets are considered as part of the divorce.
It is pretty clear you need to get a divorce and a financial order. The mortgage offer should have a specific date it is valid until so I suggest you simply say to your ex that you are prepared to sort this but it will have to wait for your solicitor to return from holiday. His name is on the mortgage so if he defaults it will count against him. The bank won't act immediately and your ex can't sell the house immediately either. So 2 weeks wait is fine - please don't panic.

If you don't like your solicitor then ask at the firm if there's another who can take over the case. You absolutely have rights and you absolutely should not be rushed into a settlement.

Original poster

Mollylegs · 25/06/2023 19:08

Hi @RedHelenB I'm sorry i have only just seen your reply. That would be so much simpler surely, I can't understand why I would need to wait for so long. A lot of people on here are very set on my following the solicitors advice and get the full financial disclosure. I know I shouldn't let my husband hurry me up but he really wants it sorted out soon. What is an E form? if you don't mind me asking x

OP posts:

Original poster

Mollylegs · 25/06/2023 19:13

Hi @sevenbyseven My husband is pushing me which is a bit crap of him considering his wage. I am really confused and I think I'm going to have to see my solicitor face to face. It's all to bloody stressful at the moment x

OP posts:

Original poster

Mollylegs · 25/06/2023 19:33

Hi @nevynevster My solicitor seems a nice lady but I must admit i'm finding it really confusing. I also feel rushed, on the Friday she went on annual leave I had to send an email saying what I wanted to do without seeing her face to face. I wasn't sure if what I was saying was correct. Hopefully once she is back I can get to see her x

OP posts:

ConfessionsOfAMumDramaQueen · 25/06/2023 19:38

@Mollylegs form E is first step in financial disclosure. All assets - house, pensions, cars, savings.

You want it done now. I get that. But until you are divorced and financial order is signed off you each have a claim against all of the others assets. He wins the lottery? Great, you won't get half but you'll get a better settlement. Your parents gift you 50K house equity? He has a claim on that too.

If you're correct that your £210K house is your only asset despite his high salary - at current there is 80K mortgage so you have £130K as a marital pot. Your parents reducing to £30K? How nice of them to bump up the marital pot up to £180K!

You don't want your parents supplementing the marital pot by 40%. Between now and the financial settlement he can run down all he has, goes infront of a judge and they refuse to sign off on you owning a house with a £30K mortgage when he doesn't even have a house deposit.

You also want to refuse to do anything without form E. Theres no way on his salary thats the only asset. He must have a pension at the very least. You need to know what he has. He can afford the £300 mortgage. If he can't I'd be wondering what he's spending all his money on. He wants it done quickly then I guess he needs to get a move on with the divorce.

Only sign off on buying this house adding your parents money if you're happy to risk losing it later.

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