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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My Husband and I have separated and we have a home together

Customer Question

My Husband and I have separated and we have a home together that we have both moved out of and rented out. He wants to sell it but I don't as its an investment for our son. we have agreed a settlement figure for his half of the equity,howeverI cannot get a mortgage on my name alone. So my question is is there some sort of document I could have drawn up that he passes the entitlement of the house over to me but leaves his name on the mortgage which he is happy to do

Mrs Hayter
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
May I ask are you dealing with the Matrimonial assets by way of a Separation Agreement?
Claire
Customer: replied 4 years ago.

I am not sure what this means, the house is the only thing we have

Expert:  Clare replied 4 years ago.
Hi
That's fine.
If your husband is happy to agree to this then it can be dealt with by way of a Declaration of Trust relating to the ownership of the property - confirming that whilst the property remains in joint names it is being held for your sole benefit.
It would also be sensible for you to have a Separation Agreement drawn up setting out the Financial Agreement that you have reached and stating that this is the full and final separation
I hope that this is of assistance please ask if you need any further details
Claire
Customer: replied 4 years ago.

What about the mortgage tho, as everyone is saying I will have to put the mortgage in my name.

Expert:  Clare replied 4 years ago.
Hi
Not if your husband is prepared to remain on the mortgage
Claire
Customer: replied 4 years ago.

Do I need to go and see a high street solicitor for this and what should it cost

Expert:  Clare replied 4 years ago.
Hi
Any family law specialist should be able to deal with this for you - you can find one here
http://www.resolution.org.uk/memberSearch.asp?page_id=52
Claire