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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2729
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a house with my ex-partner, he has agreed to a small settlement and will release

Resolved Question:

I have a house with my ex-partner, he has agreed to a small settlement and will release his claim to the property. My husband and I would like this resolving legally, as fast as possible. Could you please advise on the best method?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to give you a detailed answer: -is your ex-partner is your husband?-do you have children together, if so how old and what are the arrangements for them-how long have you been married?-are you planning on pursuing a divorce?-what is you financial position (assets, income and liabilities)?-what is his financial position?
Customer: replied 1 year ago.
Hi there,We are not married and were never married. We have two children (I have custody; he has them every other weekend), he pays a small amount of child support which was through informal agreement. My financial position is comfortable, as is his.
Expert:  Harris replied 1 year ago.
Thank you, ***** ***** and your name definitely on the title of the property? Who lives there currently?
Customer: replied 1 year ago.
Hi, yes both of our names are ***** ***** title (and mortgage) and I currently live at the property.
Expert:  Harris replied 1 year ago.
Thank you, ***** ***** he has agreed to transfer his title to you - this will be a conveyancing matter and it can be done either yourself following this process: https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property - however, I would suggest that you do instruct a conveyancer to deal with this to ensure that the title is transferred correctly - the usual fees for conveyancers vary between £400-800. However, if there is a mortgage in place, you will need their agreement to remove his name from the title. They will carry out an affordability check to see if you are able to take on the mortgage (if any) solely.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
Thank you, ***** ***** be done as part of the sale process though; to cut down on fees?
Expert:  Harris replied 1 year ago.
Are you planning on selling it?
Customer: replied 1 year ago.
....yes.
Expert:  Harris replied 1 year ago.
Yes, upon sale the proceeds of sale will be distributed to both of you, however you will need a deed of trust in place to ensure that he only receives what is agreed. Legally, he will be entitled to a share in accordance with how the title is held - so if in equal shares he would be entitled to 50% - but if a deed of trust and formal agreement is in place this will be used as evidence of what has been agreed. Your safest route is to attempt to transfer title to you and purchase his share to prevent a dispute when the property is sold.
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Customer: replied 1 year ago.
Thank you.