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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I want to hand the property back to my ex husband how can I

Resolved Question:

I want to hand the property back to my ex husband how can I do this
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please give me a little more information-
Is the property currently in your joint names?
Is there a Mortgage on the property?
Is your ex husband happy to receive the property?
Was any Consent Order drawn up at the time of your divorce, detailing who should get the property?
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.

The property is in joint names and the order at the time of the divorce was that I would live in the house until I could get my ex off the mortgage. I have not been able to do this and the property is now on the market. I have the opportunity to move to rented accommodation and want to do this. my ex has already said he would take a repossession order if I did not put the house on the market, but he delayed this by not responding to a letter to his solicitor. I will get half the equity when the property is sold, but at the moment it is on too high, my ex went for the estate agent who over valued it.

Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks for your reply.
To enable the property to be transferred to your ex, he would need to firstly get the Mortgage Lender to consent. A Land Registry Transfer document then needs to be signed by both of you, and then registered at the Land Registry.
However, if you were to do this, the property would legally belong to your ex and he would be entitled to any equity as and when the property is sold. The easiest thing to do, therefore, would be to sell the property, while the property remains in your joint names.
I appreciate the property is yet to sell, but is there any way you can the Agent to reduce the asking price? If you could find a Buyer, it would solve a lot of hassle for you.
Please let me know if you need me to clarify anything further.
Kind Regards
AL
Customer: replied 2 years ago.

Thank you I will take further legal advice but this is a good starting point.

Smile

Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks.
If I have assisted, I would be grateful if you could leave positive feedback.
Kind Regards
AL
Aston Lawyer and 2 other Law Specialists are ready to help you