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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I with my husband (we are in the process of divirce but the

Resolved Question:

I with my husband (we are in the process of divirce but the house is not on the paper) owns a house and its on mortgage. How can i change the ownership under my own name?Shall i need to ask my bank or do it with a solicitor as long as we both agree?


 


i have pay for the mortgage almost from day one (i need to check the exact date), as my husband has been not working almost the same we started to pay for the mortgage. 


 


thans a lot!

Submitted: 3 years ago.
Category: 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.
has your husband agreed to this?
Clare
Customer: replied 3 years ago.
Yes he agrees.
I fact, i am planning to pay him 30,000gbp but i donot want this to be on a paper, as i hope he can get help from govenment which he really should. I hope this wont confuse you my orginal question. Thanks a lot
Expert:  Clare replied 3 years ago.
Hi
Do you mean Housing Benefit?
Clare
Customer: replied 3 years ago.
Yes i just tried to help him if i could
Expert:  Clare replied 3 years ago.
Hi
If you wish to take over the ownership of the property then you will need to approach the Mortgage Company and ask them to release him from the mortgage - if they do agree then you will need to instruct a solicitor to deal with the actual transfer
However you need to be aware that your ex will still not be able to access Housing Benefit - the Local Authority will expect him to have realised his interest in the Matrimonial Home
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi Clare

Many thanks for your answer.
For point 2, can you expalin what it means below:
"However you need to be aware that our ex will still not be able to access Housing Benefit - the Local Authority will expect him to have realised his interest in the Matrimonial Home'?

My ex cannot give me his part for free?

Many thanks


Expert:  Clare replied 3 years ago.
Hi
Your husband can give it to you - but he will not then be eligible for Housing Benefit unless he can show that he got or kept untouched another asset instead
Clare
Customer: replied 3 years ago.
Many thanks for your answer.
For my safe, any possible i may make myself in trouble if i donot put them onto the paper that i have give him some money?

He was metal ill since 2009, and now he doesnt need to see the specialist - just go to the gp have the regular medicine. I consider he is ill, would you think he is in the possition to apply the housing benifit? I understand he cannot apply if he shows he still have small money and in the past he had me.

Thanks a lot

Expert:  Clare replied 3 years ago.
Hi
How long have you lived together?
Clare
Customer: replied 3 years ago.
More than 10 years, but married for 8 years.
Thanks
Expert:  Clare replied 3 years ago.
HI
What assets and debts are there and how was the matrimonial home financed?
Clare
Customer: replied 3 years ago.
We only have a house, and i am not sure how much left to pay - i need to find out but maybe less than 200,000pounds.

I am self employed so i am paying the house and every thing

i have about 8000 credit card bill that i am paying back every month

I donot really have saving, he may have a couple thousand pound as the poket money - i am not sure

Sorry, i hope i have answered what you asked.

Many thanks


Expert:  Clare replied 3 years ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 3 years ago.
we pay the deposit together and borrowed the money together from the bank as he were also working that time.
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
Hi
May left about 180,000 to pay.
It worth about 280,000.
Thanks
Expert:  Clare replied 3 years ago.
Hi
You will need to have a record of the money that was paid in case your ex makes a further claim against you in the future
If he receives the money and does not declare it and makes a claim then he will be committing a criminal offence
Clare
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