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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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My husband urgently needs to transfer his property into both

Resolved Question:

My husband urgently needs to transfer his property into both our names but transferring the leasehold and mortgage ~(he says) will take too long. He is in the process of selling and we are in the process of buying another house using money sold from my property. He says he will transfer 50% of his property into joint ownership and the best way to do this is via a Deed of Trust. Is this legally binding? Does it need to be drawn up by a lawyer? thanks Carolyn
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you question. My name is ***** ***** I will try to help with this.
What is the urgency?
Customer: replied 1 year ago.

The urgency is because my husband wants my furniture to continue selling his property and basically I don't trust him as he took a lot of money unfairly off his brother years ago from a jointly owned property when he bought him out very very low amount. Without the leasehold transfer or deed then I won't give him the equity from my property to complete on our new house as he has promised to put everything jointly in our names but I don't believe he is doing this or has any intention to ever have 50% of the total marital estate.

His buyers are taking too long to complete and he wants to now re market or even rent his property. I would prefer a leasehold transfer rather than a deed of trust. I believe it's a way to underlie the fact that I am only contributing 30% towards the purchase price of our new house or towards the total pot whilst he is paying 70%. I don't think this is also fair given that I have given up a very very well paid job and not worked .5 years to look after our children.

thanks . Would a leasehold transfer and putting mortgage in joint names take longer than putting together a deed of trust? Does a deed of trust have to mention who contributed what amount of money towards the purchase of a property? IS a deed of trust totally legal and can it lead onto a leasehold transfer document?


Expert:  Jo C. replied 1 year ago.

Neither job is a do-it-yourself job. A deed of trust will be quicker and would probably take a day or so once you’ve managed to get an appointment with a solicitor.

The transfer is, to be honest, not much more time-consuming and this probably very little in it provided you can get solicitors to do it within the required timescale.

Remember that adding you to the mortgage does give you a liability what is the deed of trust doesn’t so that is something to consider.

The delay here is likely to be with the lender in putting you on the mortgage

If you want to go the deed of trust route make sure that you take advice from an independent solicitor. Don’t take advice from your husband solicitor or from your husband and insist that he pays legal advice.

Can I clarify anything ?

Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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