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, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I jointly own a property with my ex partner which is up for

This answer was rated:

I jointly own a property with my ex partner which is up for sale because of our parting. It has been for sale for 18 months. We have a joint mortgage. He has big financial problems and is about to take an I.V.A. The property was for sale for £230k and we are about to reduce the price to £180k to hopefuly sell quickly. There is perhaps around £30k equity. We wish to transfer the property into my name only so that I can given him half of the equity on sale. If we don't do this his half of the equity will go into the IVA. Is there any way I can do this legally? I suppose the mortgage company would have to agree.

Many thanks


Hi Russell.


You cannot transfer the property without the consent of the lender. The hold a first legal charge over the property preventing the land registry title from being transferred. You could only transfer it in to your sole name if you could demonstrate sufficient finance to receive a mortgage offer in your sole name.


There would be legal fees for the remortgage and if you did this at an undervalue (ie. you did not pay your partner for their share of the equity) then this would be a transaction effectively defrauding your ex-partner's creditors. The court has wide powers to disclaim these transactions and you would be liable for the fees of creditors in enforcing this. This would compound the problem.


Your half of the equity is protected in the event of a sale.


Sorry it could not be better news.

if this is useful please click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Thomas and other UK Law Specialists are ready to help you
Customer: replied 6 years ago.

Cheers Tom, I thought so. I just feel sorry for him and wanted to do something to help. Worth every penny of that eleven quid. Brilliant service by the way.




Thanks for your kind accept. By avoiding falling in to a transaction defrauding his creditors you are helping him. Hopefully he will see the logic in that.


Kind regards,