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

Customer Question
is still in the UK...
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: 5 years ago.Category: UK Property Law
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Answered in 2 minutes by:
4/16/2012
Solicitor: Thomas, Lawyer replied 5 years ago
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,637
Experience: BA (Hons), PgDip, Practising Solicitor
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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
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Customer reply replied 5 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 reply replied 5 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 reply replied 5 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
Solicitor: Thomas, Lawyer replied 5 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
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Solicitor: Thomas, Lawyer replied 5 years ago
Sorry, here's the link:-
www.landregistry.gov.uk/wps/portal/Property_Search
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Customer reply replied 5 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
Solicitor: Thomas, Lawyer replied 5 years ago
Hi,

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


Tom
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Customer reply replied 5 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!
Solicitor: Thomas, Lawyer replied 5 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
Thomas, Lawyer
Category: UK Property Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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Solicitor: Thomas, Lawyer replied 5 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
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Customer reply replied 5 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.

Solicitor: Thomas, Lawyer replied 5 years ago
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