UK Family Law
Ask an UK Family Law Question, Get an Answer ASAP!
Is there a solicitor dealing with the transfer of equity?
No. There is no solicitor involved at all.
She wanted no settlement just her name of the matrimonial home mortgage.
Has she exectued a Land Registry TR1 form to transfer the equity from their joint names in to his sole name?
Thanks for your reply.
She needs to get proactive on this. It's not as simple as either of you think, I believe. In order to transfer the title and mortgage from joint names to a sole names both parties must execute a Land Registry TR1 form and he current mortgage must be redeemed (repaid).
This can be organized in house by the lender but it is more usual that the transferee (husband) instructs a solicitor to deal with the remortgage/transfer of equity in to his sole name. he must demonstrate sufficient finance to the mortgage company to receive a mortgage offer in his sole name, usually the same as/similar to the mortgage in their joint names.
Once they have a mortgage offer both parties need to execute the aforementioned form and then this is sent to the Land Registry with an application to change the registered title to reflect sole ownership. If the transferor (your daughter) is to receive money to take account of her equity on the property then she would receive this upon completion when the form is dated, the current mortgage redeemed and the new mortgage deed executed/date by the transferee.
She needs to check with the lender to see if he has made arrangements to do this. She is stil their client and they must give her full information because she has a right to it. She needs to know if they are doing this in house and, if so, when it is proposed by her ex to complete.
If they don't know anything about the proposed transfer of equity then she needs to press her ex on seeing a solicitor. She needs to see proof of the lender's confirmation that he can take over the mortgage, probably by way of a new mortgage offer, and then remain in constant contact about the proposed date of completion and when she will receive evidence that she is discharged from the mortgage.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
I will answer your follow up questions you may have.
Yes, if he has not done anything yet and will not following her formal requests then she would have to instruct a solicitor to enforce this (ie sale of house if the ex cannot afford a mortgage on his own). If the divorce is in process and he does not comply with the solicitor's wishes then this would be by way of ancillary relief proceedings to involve the divorce judge in the resolution of the issue.
Trust this clarifies, please click accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).