The purpose of transferring title into my name is XXXXX XXXXX my house from any possible future claims, as I cannot dictate what my wife might do in the future(she is already complaining about bills etc being more expensive than she estimated) so need to be able to put my mind at rest in order to get on with my life. This makes me wonder if there is any point in having the title deeds changed to my sole name, because a Solicitor(free advice / really a sales pitch) let it slip that a wife will always be able to claim against the home until divorced. ?
So it looks as though, the only way I will be able to secure my future and assets is by getting a Divorce (grounds of Adultery), do you agree? And should this be pursued sooner rather than later?
So are can you confirm that by 1/ putting the deeds in my name gives me the sole power to selland; 2/ will it show my wifes intention not to have any further interest, sufficient to influence a court decision ? The reason I ask is because it will cost me £600 to transfer title of the deeds, so if it is not conclusive, I see no reason to waste the money.
What is a Consent Order?
You have misread my question. We have decided that she will accept 50% of the equity reduction (£13,000) made since the purchase, not 50% of the equity. The equity is circa £60,000. For various reasons she does not deserve any more,e.g. I sold all my assets to pay the deposit, the children would lose the house they were born in, their inheritance would be wasted, the mortgage rate is 0.18%/base so the same mortgage at todays rates would deprive me of c.£5k pa and adversely affect the childrens standard of living etc, etc...indeed, because my wife has betrayed me and walked out, she did not want anything from the house but I offered this sum.
My question is about getting a Divorce and a court order that agrees with what we want, so my Mortgage company change the deeds to my name and we can get on with our lives secure in knowing what assets we respectively own.
Hence, if we go to Court and tell the judge what we have decided will this be agreed without question.
So are you saying that they would grant the divorce but not agree to have the house transferred into my name, i.e. she would remain a home owner at my house?
Is this because it was the matrimonial home. Someone suggested I sell the house (wife is happy to sign the sale agreement) and buy another in my own name. Would this make any difference?
I am struggling to understand why the Court has the right to interfere with the decision of two consenting adults, especially as there is was no interference or advise when getting married or paying away my life savings for a home.
So a matter of trust.
So lets say that a year after the house in put in my name, she hasn't progressed with any ambitions of earning more money or with paying her way in life; so decides to claim Housing benefit(the Housing Benefits form only asks if you have had an interest in a property within the last 12 months). Should the Housing benefits office then discover that there is an untapped asset(i.e. the equity in the house) could they enforce a court case? Logic would say they could (presumably if there was a a back office administrator who uncovered this informtion and decided to persue it).
If you agree that this could happen, then I could be exposing myself to an uncertain future, unless she remarries.
Therefore lets say we got a Divorce, on the mutually agree basis that I keep the house although the court does not give its endorsement, but I subsequently sell it and purchase another property. Would this break the chain/link?
Sorry to be a pain , just trying to work out the options.
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