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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17627
Experience:  I have been practising for 30 years.
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I my husband and I are divorcing it is all very amicable. I

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I
my husband and I are divorcing
it is all very amicable.
I am living in the family home with my daughter. I have agreed to give my husband a set sum and our mortgage which is in joint names will need renewing in Feb 2021. I will then take on the remaining mortgage my question is how do I remove him from the mortgage and house deeds
thank you

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long have you been together and married in total?

are you able to raise a mortgage in your own name?

and also pay your husband out?

how old is your daughter?

Customer: replied 19 days ago.

we married in 2012 and have had the house for 10 years. we met in 2009

I am about to receive an inheritance that will enable me to pay my husband and reduce the mortgage to a size I can afford I have not applied for this yet. just want to make sure he has no claim on the property after he receives the agreed sum my daughter is 6

You would normally remove him from the deeds when you remortgage.

You can always ask the existing lender to remove him but they will not usually do so because it means that they all losing someone to chase if the mortgage doesn’t get paid.

If they will agree, so much the better but don’t hold your breath.

There is then the process of transferring the property from 2 names to 1 name.

The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:

To transfer property from 2 names to 1 name or from 1 name to 2 names or to simply sell a property is relatively straightforward but there are a lot of forms to fill in

The transfer deed for sale or simple transfer is form TR1

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

and here are some notes on that form: https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

or, if it is transfer pursuant to a bequest in a will, then form AS1 is the assent which transfers the property to the beneficiaries.

https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

and you also need AP1

https://www.gov.uk/government/publications/change-the-register-ap1

and ID1

https://www.gov.uk/government/publications/verify-identity-citizen-id1

for all the parties involved.

There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.

There is also the Land Registry fee based upon the value of the house which is here:

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Use scale 1 fees.

If there is a mortgage on the property they will need to consent to the transfer and if it is going from 2 people to 1 person they will usually refuse to remove one and would want the mortgage repaid.

There may be stamp duty depending on the money changing hands or if no money changing hands, there would be stamp duty on the transfer if the mortgage being taken over or disposed of is over £250,000. Stamp duty is based upon 50% of the mortgage. If there is no mortgage and no money changing hands, there is no stamp duty.

BUT BUT BUT…..

As part of the divorce process, to draw a line under the finances you will need a financial order.The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.

Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.

And here are the notes from the government on how to apply for a financial order:

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed. Otherwise it’s a potentially expensive argument.

It stops a spouse coming out of the woodwork in years to come as you will read here:

https://www.dailymail.co.uk/news/article-3634949/Victory-hippy-millionaire-s-unemployed-ex-wife-wins-500-000-share-fortune-money-decade-broke-up.html

and here

https://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

Remember that applying for a financial order is not expensive if you agree between you. The court fee is only 50 quid. It is arguing that costs money.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

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