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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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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Hi I am looking for guidance on the possibilities of transferring

Resolved Question:

Hi
I am looking for guidance on the possibilities of transferring my name of the deeds to a house that i have a joint mortgage on, into my elderly mothers name.

I am divorce absolute and have just recently been asked to comply with a financial statement for ancillary relief by my ex wife.

I would like to maintain my share of the equity for future growth but am exposed to debts and personal guarantees that will see my share swallowed.

Whilst my ex wife is concerned at the risk to the property being sold if my creditors were to foreclose on me, her worries may be eased if the other party on the deeds were my mother.
Would this be possible with a written agreement that my ex wife would maintain and receive her half in the event of my mothers passing.

regards
chris
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Fpr clarity is this a property held jointly with your ex wife?
Clare
Customer: replied 3 years ago.
Yes this property is held jointly.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that this could only be done with the agreement of your ex AND the mortgage company .
Unless the Mortgage Company will release you and accept your mother as a replacement then there is no possibility - even if your ex would agree.
I am sorry to give bad news - please ask if you need further details
Clare
Customer: replied 3 years ago.

Sorry for delay in replying.


 


So in short . am I correct in understanding that in the process of changing the title deeds that nothing can be completed without the mortgage companies consent.


 


regards


chris

Expert:  Clare replied 3 years ago.
Hi
That is correct I am afraid
Clares
Customer: replied 3 years ago.

Hi and thank you for the help so far.


 


I have submitted a form e to the court and to my ex wifes representatives.


In the form e i have disclosed details of Personal Guarantees given by myself and with the knowledge of my ex wife.


These personal guarantees are relating to my business that has since gone into liquidation.


Since submitting the form E i have received a County court claim form from the lenders with an intent to pursue for CCJ.


 


My question is should I advise the court dealing with the proceedings for ancillary relief of the change of circumstances in order to halt any action by the lender.


 


many thanks


 


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry but under the site rules you have to ask this as a separate question - but you can ask for me and I will certainly answer is as soon as I can
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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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