How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6511
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am a British Subject out of the country and my Wife, who

Resolved Question:

I am a British Subject out of the country and my Wife, who is still in the UK, is selling our house and has told me she needed to get the house in her name to make it easier. I questioned this and she said it is all about conveying and quicker when we get a buyer.
I am worried that she will get all the money and I'll will not have a leg to stand on!
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. I’m just a bit concerned about they way you phrased your question. Is the house actually registered in her sole name?
2. I f it is in her sole name, did you contribute to the financial of the purchase
3. Do you anticipate divorce
Kind regards.
Tom
Customer: replied 2 years ago.
1, hot yet but the papers are on there way and I have a cold freeling I am being sold up the river.

2, Yes I the house was bought on the money from our house.

3, Yes
Customer: replied 2 years ago.
1, Not yet but the papers are on there way and I have a cold freeling I am being sold up the river.

2, Yes I the house was bought on the money from our house.

3, Yes
Customer: replied 2 years ago.
1, Not yet but the papers are on there way and I have a cold freeling I am being sold up the river.

2, Yes I the house was bought on the money from our last house.

3, Yes
Expert:  Thomas replied 2 years ago.
Hi,

Do you have the details of he conveyancing solicitor acting in the sale?

Can you download a copy of the register from the following site to check whether or not the property is registered in her sole name or your joint names?

Tom
Expert:  Thomas replied 2 years ago.
Sorry, here's the link:-
www.landregistry.gov.uk/wps/portal/Property_Search
Customer: replied 2 years ago.
At this monent it is in joint names and the papers are on the way to Wards solictiors of Yate south glostershire. and I now am not happy with this sole name as I may loose my money in the house
Expert:  Thomas replied 2 years ago.
Hi,

Okay, but you are selling the house. Is this to a private buyer?


Tom
Customer: replied 2 years ago.
The thread of this does not make any sense. I ask a question and I get a 'reply' then I have lost the plot, or is is you that have lost the plot. Are you an automant ?


No this is no good to me - where were we - lost!
Expert:  Thomas replied 2 years ago.
Hi,

No, I'm not an automaton. I'm a UK qualified solicitor working from home.

The reason I'm asking about whether you are selling to a private buyer is that if the property is in your joint names then it cannot be sold unless you both consent to the sale and give effect to this by both signing the Contract for Sale and the Land Registry Transfer Form. If you do not sign these documents then the property cannot be sold, thus you have some control and security over the situation.

If you own your homes together and did not execute a Declaration of Trust when you bought the property declaring that you each own differing percentage interest of the equity then there is a presumption that you each own 50% of the property.

Therefore, if this is the case then all you need to do is contact your conveyancing solicitor directly and tell them that they must hold your interest in the proceeds of sake (ir. your 50%) strictly to your order. The solicitor would then not be able to transfer the money to your wife and could only do what you direct him to do. So, you coudl then direct that your share of the proceeds of sale are transferred in to your account and then the problem would be sold.

If you are not selling the property to a private buyer and your wife has asked that the property can be transferred in to her sole name so that she can then easily sell the property then I would strongly advise you not to do this if you have concerns over your whether your wife would try and make personal profit from this. If you transferred the property in to your wife's sole name then you would relinquish all control of the property. You should not do this. If this is what is happening then you need to speak to your solicitor and state that you wish for the property to remain in your joint names.

Selling a property in joint names is easy even if you are out of the country, it only requires that you see a solicitor in the country where you are so that you can verify yoru identity. Adminstrative convenience because of a prospective sale is not a good reason to transfer out of your name to her sole name and if this is what she is suggesting then I would think that something fishy is going on.


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.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.

Please click accept. You will appreciate that I cannot work for free

Tom
Customer: replied 2 years ago.

I believe that even if my wife is sole owner and wants to sell the house and is very likely to want all or most of the money from the sale of the house and not a lot for me, if any if she gets her way.

The house was purchased outright from the sale of MY (sole owner) house in Australia, and my wife since mortgaged it for an unknown amount - I was aware of it and probably signed something. I got £100,000 from my Mothers death and sale of her house (My Brother got the same). As I was getting close to retiring I wanted to put the money into something that would augment my pension. But My wife started borrowing from my money. Initially she repaid her borrowed money, but later she stopped repaying the money she borrowed and still borrowed the money to pay debts from the shop and even ‘borrowed’ the repaid money until there was little left for my retirement. This was when she put the mortgage on the house.

I hope her solicitor would put her straight about the sole owner still cannot forget the people that have an interest in the finances of the house and the sale of it.

I believe there is a court that anyone can state interest in a sole owner house and it’s percentage for those with an interest, and can I get someone within the court to help. or should my wife’s solicitor tell her the truths about Sole Owner and not so Sole Owner.

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience