UK Property Law
Get UK Property Law Questions Answered by Experts
What was agreed pursuant to your divorce with respect to the house?
Is there a Court ORder confirming that the property should be transfered in to your sole name?
Is there a mortgage on the property?
How was it agreed - just privately or through solicitors?
Why was a Court Order stipulating the settlement not obtained?
Would your husband now sign the Land Registry transfer form transferring his interest either to you, or from you/him to your buyer?
If you have a Court Order stating that the property should be transferred to you then that's fine - the Court does not deal with the actual transfer of the property, this is done by registering the transfer with the Land Registry. As long as you have an Order stating the terms of the settlement then you are not in any difficulty.
It will not impede the sale but I would register the transfer to you now by going and seeing the solicitor who acted in your divorce or a local conveyancing solicitor. Take your Court Order with you and explain your situation. They will then submit that to the Land Registry who will amend the register in to your sole name so that you can more easily proceed with the sale once it is agreed.
If you do not have a Court Order setting out the settlement then you will have to effect the transfer by obtaining your husband's signature on the LR Transfer that your conveyancing solicitor can prepare.
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