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Can you upload the agreement please.
Thank you. The agreement says that the house will be signed over from joint names into that of your wife and that the mortgage would be varied or discharged. The two go hand in hand so I presume no conveyancing steps have been taken yet as the lender would have to agree to the transfer OR alternatively your wife would need a new offer of loan so as to discharge the first loan. As things stand at present, were anything to happen to you, the lender would look to both of you to repay the mortgage because the current position is that you are jointly liable for the mortgage. In passing I would also comment that your agreement appears to be home made and not really suitable. For example there is no clause to say that you have both taken legal advice, so it could be challenged on that ground alone. In addition you appear to have attempted to provide for a £15000 pension share but there is no schedule attached to the agreement under the pension sharing regulations (The Pensions on Divorce etc. (Pension Sharing)(Scotland) Regulations 2000) and if no advance notice has been given to the pension company before the agreement was entered into and within the statutory period after decree of divorce is granted, the pension sharing arrangement is null and void. I do hope decree of divorce has not been granted here because if it has there is a problem. I suggest that each of you goes to see a solicitor to see what can be done about this.