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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If I sign a transfer of equity to put our house in my husbands

Customer Question

If I sign a transfer of equity to put our house in my husbands name and I still live at the property do I still have any rights to the equity in it?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain the background to your plans please
Customer: replied 3 years ago.
I was living in Canafa with my daughter and my husband was living in the house in the uk. He applied for a new mortgage and because I was not living in the house although we had it officially separated and he visited us every three months. All my family live in Canada. I have returned to the uk and am living with my husband inthe house. The mortgage company want me to sign a transfer of equity as they are under the impression that I don't live here. My husband wants me to sign the transfer to the mortgage being in his own name. He is the sole earner as I home school our daughter. The mortgage company think I don't live here. I don't want to sign anything that will effect me in the future if we do divorce. We have been married for almost 15 years.
Expert:  Clare replied 3 years ago.
is there any reason why you cannot be added to this mortgage?
Customer: replied 3 years ago.
I don't think my husband wants me too and apparently the interest rate - which is good- would not be offered to a couple. I just really want to know is I sign the transfer of equity do I loose all future rights to the property if we did divorce.
Expert:  Clare replied 3 years ago.
No you do not (although your husband may not realise this)
In England and Wales it does not matter which spouse actually owns an asset the court can still distribute the funds in any way that they think fit.
You will have Matrimonial Home Rights to remain living in the property so long as you are married - and will retain a financial claim thereafter (provided you do not remarry)
Please ask if you need further details