Hi,Thanks for your question.
Was the property supposed to be transferred in to your sole name as a result of court proceedings in your divorce?Tom
So do you think that your husband informally agreed with you to transfer the property to your sole name?
Thanks. Drafting your answer now.
Thanks for your question. I will try to help.
You will not be able to transfer the property in to your sole name without your husband’s input.
A property can only be transferred in these circumstances if there is a formal order of the court (which I presume you do not have because you would probably know about it) OR if a land registry transfer (TR1) is prepared and execute by both you and your husband,
This is because if the property is presently registered in both of your names then the land registry will only register a transfer to your sole name if your husband also executes the land registry transfer.
So, you will have to contact your husband to check that he is agreeable to this. If he is then you can instruct a solicitor to prepare the land registry transfer for him to execute and return to you/your solicitor. Your solicitor will then be able to register the transfer at land registry so that the property can be transferred in to your sole name.
Additionally,, if you and you husband presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any direction made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.
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