Court’s order of property transfer to a sole name after a divorce?

bluejulie

I have been divorced since 2006 but the property bought at the time at the marriage, is still in my and my ex-husband’s name. I was made bankrupt because of joint accounts with him.I don’t have any credit cards, outstanding bills and getting divorced was the best thing I have ever done.
My ex-husband has been living in the property and I would like it to be transferred to him or to myself in case we are not married and do not live together. I keep receiving bills, even though I do not live there. I understand the Court makes that decision after all necessary forms are completed.
The solicitor, who dealt with my divorce, has asked for £3000, which I cannot afford and explained that I can deal with the case in person.
As far as I know, I need to complete and submit Form A.
Can someone help? I can’t even find the form on the County Court website.

silvercar

Is there a mortgage? Has the lender consented to transferring the property to one of you?

You have posted on the bankruptcy board. Is this connected to bankruptcy of you or him?

bluejulie

Yes,there is a mortgage.I haven't been in touch with the lender.We were both made bankrupt but the flat wasn't sold.

sizzler

was the property owned by you and your partner at time of your Bankruptcys?

sjaypink

Is your ex not in agreement with your plans? If he is, it is cheaper, quicker and easier for the Court to aprove a consent order.

If you are not in agreement then yes it is Form A (notice of an application for ancillary relief) you will need initially, the fee is £240 & it can drag on for a long time before an order is made :-(

bluejulie

sizzler wrote: »

was the property owned by you and your partner at time of your Bankruptcys?

Yes, the property was own by both of us.

bluejulie

sjaypink wrote: »

Is your ex not in agreement with your plans? If he is, it is cheaper, quicker and easier for the Court to aprove a consent order.

If you are not in agreement then yes it is Form A (notice of an application for ancillary relief) you will need initially, the fee is £240 & it can drag on for a long time before an order is made :-(

Of course he is not in agreement, he pays nothing at the moment and lives for free..I don't mind if it takes longer! I just want to stop paying his bills.

sizzler

boo-boo wrote: »

Yes, the property was own by both of us.

if it was owned by both when BR occured did the OR take the BI and did you or OH buy it back if not it will belong to the OR as part of your estates.

bluejulie

sizzler wrote: »

if it was owned by both when BR occured did the OR take the BI and did you or OH buy it back if not it will belong to the OR as part of your estates.

Somehow the trusty didn't find any interest in the property and it wasn't sold but left to both of us.

sjaypink

boo-boo wrote: »

Of course he is not in agreement, he pays nothing at the moment and lives for free..I don't mind if it takes longer! I just want to stop paying his bills.

You say in your OP you want the property transferred into his (or your?) name only - I was wondering whether he would be happy to do this- generally a clean break with 1 person coming away with sole ownership (albeit liable for future mortgage repayments) of the property would be considered a good deal for that person!

I'm guessing your circumstances are more complicated than that though and I think the answer will depend on whether either is capable or willing to either buy the other out or agree to the house being sold, what the property value, mortgage amounts and terms are - (negative equity?), and probably most importantly when you were made BR and the ORs current interest in the property?

JCS1

boo-boo wrote: »

Somehow the trusty didn't find any interest in the property and it wasn't sold but left to both of us.

Did you buy back the BI? The Trustee has 3 years to deal with the property, so it would only revert back to you after that time unless the BI was dealt with.