Ask a Law Question, Get an Answer ASAP!
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage>
How much will you receive for your new house?
May I ask why you do not wish to be on the mortgage?
I have to ask - do you want an immediate end to the marriage?
Technically as a sole owner he could simply sell the property without your knowledge and abscond with the money including the remainder of your share.
However you can ensure this does not happen by registering your Matrimonial Home rights on the property as soon as the transfer has taken place - so he will not be able to do that.
Alternatively you can say that you are only willing to do this if he signs a declaration of Trust confirming that he stills owns the property on behalf of both of you - this may tell you a little about his plans.
I hope that this is of assistance - please ask if you need further details
The form is here