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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My daughter has divorced her husband and now needs to have

Resolved Question:

My daughter has divorced her husband and now needs to have his name removed off of the deeds of the house. She has from the court the Financial Consent Order signed by her ex. Her degree absolute was granted on the 7th June. She has 56 days as from 20th January to complete this. What does she do next and how much will it cost?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.

Hello and thanks for your question.

 

I need a bit more information first to be able to answer properly.

 

Please can you give me the exact wording of the order - if possible the whole order - so that I can see exactly what she - and her ex-husband - are being asked to do within 56 days of 20th January 2014.

 

Please blank out their names for privacy, as questions and answers are on public view.

Customer: replied 3 years ago.

I will scan it and attach it

Expert:  UKfamsol replied 3 years ago.
Hello again & thanks for that - very helpful. I see that your daughter's ex-husband did not have a solicitor but he signed to say that he was advised to get independent legal advice and he chose not to do so.

The agreement as set out in the order is very straightforward and a good outcome for your daughter. She is to pay her ex £1,600 and in return, she is to get the house put into her sole name, although it will still be subject to the mortgage in joint names.

The court order also records that she has given an undertaking - which is a solemn promise to the court - to use her best endeavours ie to do whatever she can - to get her ex's name off the mortgage.

The 56 days refers to the transfer of the property from joint names into her sole name, and on the same day, her payment to her ex of £1,600.

So what she needs to do next is to find a conveyancing solicitor to deal with the legalities to transfer the ownership of the house to her, and on the same day, to transfer the £1,600 from her to her ex.

It may be that the same firm that dealt with the divorce has a conveyancing department that can do this - but she doesn't have to use the same firm if she doesn't want to. She can either look in yellow pages or she can go on personal recommendation. The main thing is not to delay. She will have to pay the conveyancing costs herself. I can't say how much that will be - she needs to ring round and get a few quotes. But as conveyancing can be fairly slow, she should get the ball rolling as soon as possible.

Once the house is in her name, she is still under a duty to get the mortgage into her sole name as soon as she can, but there is no time limit on that. I am guessing that at the moment, her income is too low for a building society to agree to remove her ex's name, so she needs to keep paying the mortgage and not let it get into arrears ever, so that as soon as her income goes up to at least 1/3 of the total mortgage outstanding, she will have a good credit score & be in a strong position to get the mortgage into her sole name.

The first part of the order implies that she alone will be responsible for all the mortgage payments from now on, and any arrears that accrue.

I hope this helps and I wish you the best of luck.

Thanks and best wishes...
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