Landregistry & Divorce

AGU

Please help!

My parents are legally divorced, but they are still joint owners of a property (no mortgage). I understand that in death the other will become sole owner regardless of what is written in will.

Is there anything the other owner can do to force the other to sign over their share of house?

THANKS!!

AGU

Just to clarify they are joint owners and the house wasn't part of the divorce settlement

cattie

Is anybody living in the property? Nobody can force anyone to sign a property over to the other party, unless it's been decreed as part of the divorce settlement.

As joint owners, if one person wishes to acquire the other persons half ownership, then they need to make them an offer based on the value of the house & hope that they agree to sell.

AGU

Noone is living there, although that may not always be the case.
They had signed an informal agreement (not witnessed) to say the house would be signed over to the other at some point. Can this be enforced?

Troubled_Joe

AGU wrote: »

Please help!

My parents are legally divorced, but they are still joint owners of a property (no mortgage). I understand that in death the other will become sole owner regardless of what is written in will.

Is there anything the other owner can do to force the other to sign over their share of house?

THANKS!!

Upon death it will only transfer automatically if they own the property as joint tenants. This can easily be avoided by one party serving on the other notice of severance of the joint tenancy thereby making them tenants in common and able to leave their respective shares of the property in accordance with their wills.

Troubled_Joe

AGU wrote: »

Noone is living there, although that may not always be the case.
They had signed an informal agreement (not witnessed) to say the house would be signed over to the other at some point. Can this be enforced?

You say there was a "divorce settlement." On the basis that the house remains in joint names I'm assuming it wasn't a formal settlement by way of court order?

If so, one can still issue ancillary relief proceedings at court to determine who should own the property/whether it should be sold or transferred etc.

AGU

Yes, they had a quickie divorce and the house didn't come into play. I take it whatever notice the course issues (notice of severance/ancillary relief) the other has to agree, they cannot be forced in anyway?

Troubled_Joe

AGU wrote: »

Yes, they had a quickie divorce and the house didn't come into play. I take it whatever notice the course issues (notice of severance/ancillary relief) the other has to agree, they cannot be forced in anyway?

No, these are ways in which either can force the issue.

The notice will not sort out who owns what proportion of the property but will sort out the situation on death. Once served it is effective.

If ancills are issued by one party the other must respond and there will be a resolution one way or another.

They need to seek proper legal advice if they are unable to come to an agreement.

AGU

Thanks. I have googled the info you have given me and it looks as though my parents should have paid a solicitor to approve the informal agreement this would have been classed as a Consent Form as this wasn't done they'd have to go down the Ancillary Relief route whereby the court looks at all assets and makes a decision, despite the fact they are divorced.

Troubled_Joe

They can still enter into an agreement by negotiation and file this at court in the form of a consent order. It is still technically an ancillary relief application but a far simpler and cheaper way of doing it.

They would be well advised to employ a solicitor to draft the order for approval at court (although it is by no means impossible for the layperson).