how do i get dp to sign house over to me

[shatteredmumsrus]

Basically he has treated me like a dog and I deserve better (it saves telling you the ins and outs, this sums it up) ex dp agrees with the strong statement. He has moved out and me and our children are living in our family home.I cannot get a mortgage on my own but can afford to stay with all income, maintenance etc. He has given me no stability whilst we were together and I finally want some. Id like the house to be signed over to me. The mortgage remains in both names. I know of a friend that has done this. I will want to sell in the near future as I want a smaller place but I paid the deposit and I have gone through all the struggling financially while he has pissed anything he had up the wall. Has anyone had any experience of this, what are the criteria etc ................

Hi there

I'm pleased to hear that you are being proactive about this! I'm not sure what dp is (being relatively new to the site). I will start by assuming that he is an ex spouse. Is he agreeing to the transfer? If so, it's not difficult although you may need to get the Building Society's permission. Whether the BS approve depends on many things but it's worth an ask. If he is not consenting, the only way is a application to the court for a 'Property Adjustment Order' within financial proceedings on divorce. Whether or not this is successful depends on lots of financial information that I don't expect you to detail on this forum. If he is an ex Partner, again you can apply to the court but it would be under proceedings for cohabitants rather than spouses. In a nutshell, if the house was purchased with the purpose of providing a family home and that purpose remains, you can delay a sale.

Don't want to baffle you so I've tried to keep it simple! Feel free to mail me if you want a quick chat.

Best regards

Harjit Sarang

Its just the deeds that I want signing over. The mortgage company wouldnt accept me to have the mortgage in just my sole name - I dont earn enough but the deeds can be apparently.This means that when I sell all the profit will be mine. Is that right????

Hi

If there is a transfer then yes on paper the equity is yours but it's not that simple I'm afraid. If you are married, it doesn't really matter whose name an asset is in. It will still be part of the matrimonial pot to be divided by agreement or court order.

And if you are not married divorce law doesn't apply. The house is then shared according to property law, Trusts of Land and Appointment of Trustees Act 1996, and unless the deeds state otherwise it is assumed you each own a half share so any equity in the property is shared 50:50.

What happened to your friend may not be relevant if the circumstances were different. Sadly you may find mortgage lenders reluctant for your partner to come off the deeds when he is still on the mortgage. However, if he has substantial resources there might be a case under the Children Act 1989 for him to provide property to be held in trust whilst the children are dependent and revert back to him when the youngest reaches 18 or finishes uni.

All very confusing eh? We were not married. I was told that the deeds can be in anyones name but the mortgage company arent interested as long as it is still both names on the mortgage?

You can ask the existing mortgage lender what their position is, but if your partner doesn't agree to sign over his share you could be snookered. Sorry.

On a similar vein

husband and wife divorcing.

Wife can't take over mortgage as has no income but can afford to pay it on her own.

Can it be signed over to her so that he has no future claim on it or when it is sold?

Could there be some sort of stipulation that his name has to stay on the mortgage for a minimum number of years?

Husband is likely to be declared bankrupt at some point in the future as he has massive debts (due to gambling)

bump

Hi Cargirl

If there is a threat of bankruptcy and you know about it and you then transfer an asset from your H to yourself in anticipation of the bankruptcy, the transfer may at risk of being set aside by the Trustee in bankruptcy. However, some transfers made in matrimonial proceedings will not be effected.

Get some goog legal advice!

Best regards

Harjit Sarang

Hi

It's for my SIL, we have no idea how realistic the threat of bankruptcy would be. He owes a lot of money in unsecured debt however Tesco have managed to put a charge on the house for an UNSECURED personal loan of £14k, surely an unsecured loan can't force banruptcy???

He does a few thousand to the tax man though?

Her solicitor seems to be unsure really but SIL needs to make a decision whether to ask for the matrimonal home or not (she is currently in private rented).

It's a mess, he was abusive, secret gambler and he seems to have completely lost it now that she's free he won't agree to anything with regards to contact for the children or financial settlement.

Cargirl

Tell her to get a good solicitor who can guide her through this whole process securly. If the matrimonial home can be saved for her and the kids, it should be worth a shot. If her current solicitor can't advise then get another one.

Harjit Sarang

Thanks I will pass that on, she's on legal aid so her options are limited. Her current solicitor is better than the previous one though plus her stb ex no longer has one presumably because he hasn't paid them and they know he can't, or perhaps they just aren't going what he wants!

Fortunately she's very much of the view that any money she gets out of the divorce is a bonus, because there is unlikely to be much after fees are paid.