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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have been married for 29 years.My husband recently had an

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We have been married for 29 years.My husband recently had an affair. He has finished it and we are trying to mend the marriage. Presently the house is in both our names. As a security he has said that I should have the house in my name only to assure me that I will be ok financially should we split up at any time in the future. We still have a large mortgage which my husband pays. I do charity work and he would like me to continue to do so. Is it possible to have the house solely in my name with him paying the mortgage? If so would this be binding if at any point we split and I am not working - can he at a later date claim part of the house?



Do you have any children? If so please state their ages.


Customer: replied 5 years ago.
Hi Tom. Yes we have 2. Ages 27 and 19.



You must have the lenders consent in order to transfer the registered title to the property. The lender will not allow this unless you are able to receive a mortgage offer in your sole name. You would then also be personally and solely liable for the mortgage repayments.


In view of the length of your marriage in the event of divorce there would be a presumption that each person take 50% of the matrimonial assets (including the house regardless of who is listed on the registered title of it).


If it appears as if you might divorce then you should see a local family solicitor generally about instructing them to act in you divorce to secure the financial settlement but initially about entering a home rights notice (if the property is still in his name) on the title. This will denote your right of occupation to the property to any would be purchasers your husband would seek to sell to.


Whilst the property is in his sole name he could in theory sell it because his signature only is required on the land registry transfer, though he should obviously disclose to a buyer that you are also occupying the property and their solicitor would ask that you sign the contract - he could in theory lie and say you did not live there, for this reason you might consider applying for home rights notice to be entered now. A local solicitor would be able to do this for you for around £100.00 + VAT.


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Kind regards,


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