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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter is divorcing after 2 years of marriage. Her ex

Resolved Question:

My daughter is divorcing after 2 years of marriage. Her ex wants to keep the matrimonial home as well as another property he has. She is happy for him to do so and seeks no settlement but does want her name off the mortgage . she is unrepresented for the divorce and is approx 3 weeks away from the decree nisi stage being granted (both parties agree the split).
he has yet to arrange her name coming off the mortgage (six months later) - she has given permission to the bank and he keeps coming up with excuses (the latest being the bank needs to see the divorce certificate first).
How should she now proceed to ensure that the mortgage is transferred to his name only or that he is made to put the house up for sale within a reasonable time limit and ideally before the court hearing in three weeks time which neither of them were going to attend.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Is there a solicitor dealing with the transfer of equity?

 

Kind regards.

 

Tom

Customer: replied 3 years ago.

No. There is no solicitor involved at all.

She wanted no settlement just her name of the matrimonial home mortgage.

Expert:  Thomas replied 3 years ago.

Right.

 

Has she exectued a Land Registry TR1 form to transfer the equity from their joint names in to his sole name?

 

Tom

Customer: replied 3 years ago.
No, all she has done is write to the mortgage lender giving permission to them to transfer the mortgage over but they appear to wait on him.
Expert:  Thomas replied 3 years ago.

Hi,


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.


Kind regards,


Tom

Customer: replied 3 years ago.
If he has not made moves to transfer the mortage over, does she now need to engage a solicitor to enforce? It may be that he cannot afford to take on the mortgage in his sole name - would the lender be obliged to tell her if that was the case?
Expert:  Thomas replied 3 years ago.

Hi,

 

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.

 

Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you

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