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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10551
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can i get my husband to sign a tr1 (court has given me marital

Customer Question

can i get my husband to sign a tr1 (court has given me marital home to me as part of court order and i have to give my husband his flat and 35K) but my mortgage company say i cant have mortgage on my own and so they say i cannot transfer him off the mortgage. does this mean i cant do a tr1 between him and me? Worried that I will give him his £35K and he is still on my deeds - does he still own the house in the eyes of the law if no TR1? Also husband being chased by administrators who suggested they would come after me if house transfered to me under divorce (which it has) my lawyer suggested I get the TR1 done as quick as poss to not leave me exposed. But no halifax said no, i feel exposed. What piece of paper do i get him to sign if no TR1?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
You should still go ahead and get your ex husband to sign the TR1,transfer document. Only once this has been signed and registered at the Land Registry does the legal ownership of the property pass into your sole name.
The court cannot force the mortgage company to accept the transfer of the mortgage into your sole name and likewise, as you have a Court Order, your Mortgage Company can not prevent you from taking your ex husband's name off the title, which is what you will be doing when registering the Transfer at the Land Registry.
If the mortgage remains in joint names the main effect is that if you default the mortgage company can also chase your ex husband for any arrears or shortfall. As I have said, this won't affect your ability to get your ex husband's name off the Deeds.
I hope this assists you and sets out the legal position.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you so much. I now need a conveyancer who wont charge me a fortune to do this TR1 form! I have my deeds as they stand now which I downloaded from Landregistry. Most websites recommend I don't do this TR1 / AP1 on my own. I have asked my local solicitors but they said go back to your lawyer first, i tried my divorce lawyer he said his firm wont be the cheapest and i should use who the halifax tell me to use - i got a quote from an online conveyancer but I am not sure what i should do next - when do i employ the conveyancer - after he signs the form?
Customer: replied 1 year ago.
re conveyancers - maybe i should use my divorce laywer company to do this as I want him to sign it and in return for signing - well at teh same time as he signs - he wants to be transfered the £35K. So should i give the Tr1/aP1 to my lawyer's conveyancing team and get them to email it to my husband for him to sign it and when he has done so agree to transfer the 35K to him. worried if i use an online conveyancer i can't sort the transfer
Expert:  Aston Lawyer replied 1 year ago.
Hi,
I would suggest that you use your divorce lawyers- they may not be the cheapest, but they know the history and will hopefully be able to prepare the TR1 quickly- it is a relatively straight forward document! Your lawyer's Conveyancing team can prepare the TR1 and then it will need to be sent to your ex for him to sign. Likewise, your lawyers can then transfer the necessary funds to your ex and register the TR1 at the Land Registry.
To be honest, as they are acting for you in the divorce, they should be doing all of this as a matter of course.
Good luck!
Best Wishes
Al
Customer: replied 1 year ago.
i am leaving this open for the moment as i have called my lawyer and was told he would get back to me tomorrow however the woman on reception expressed surprise that i wanted to use the conveyancing team just for a TR1 and thought my lawyer would/ should be doing the TR1 instead... it goes on ..so just in case i have one more question on this i will rate you tomorrow - but 5 stars so far. Thank you.
Expert:  Aston Lawyer replied 1 year ago.

Hi,

No worries! Some Matrimonial Solicitors do the TR1 but normally they would ask their Conveyancing department to do the TR1 and the Land Registry application.

I will await to hear from you further.

Kind Regards
Al