Transfer of house deeds after divorce

tiashannon

Hi,
I have a 3 bedroom house in mine and my ex husbands name.
we divorced a few ago and agreed to me buying him out of the marital home, he kept the Spanish villa we both purchased as it was in his sole name.. and I paid him cash and gave up any child maintenace and pay the full mortgage to keep this hoome.

My ex husband is still on the mortgage, as i was unable to completely take over the mortgage, due to my income according to the bank.
I do have a signed statement from him, handing over full responsibility and ownership of the house, this was witnessed by 2 independent people, but The land registry is still in both our names.
should i die then he may still be entitled to half, taking this away from my children..
please advice how i can transfer this into my sole name. even if his name is kept on the mortgage.
He is willing to sign any documents again if need be.
Thank you for any Advice, being a single parent, i am unable to afford specialist advice.

BitterAndTwisted

Get a mortgage in your sole name and all of this will go away. Until that happens you are stuck with the joint-ownership

tiashannon

BitterAndTwisted wrote: »

Get a mortgage in your sole name and all of this will go away. Until that happens you are stuck with the joint-ownership

Like i said before, I am unable to transfer the mortgage into my name, as i do not earn enough according to the mortgage company..

RAS

Did you engage a lawyer for your financial settlement because this is a major mess.

If this is a joint tenancy (not tenancy in common) and you die, he gets the whole house not just half.

BitterAndTwisted

In which case you are stuffed until the mortgage is paid off or you increase your earnings. No lender would agree to a transfer of ownership to someone who by their calculations cannot afford the mortgage on their own.

tiashannon

RAS wrote: »

Did you engage a lawyer for your financial settlement because this is a major mess.

If this is a joint tenancy (not tenancy in common) and you die, he gets the whole house not just half.

No the financial stuff was never sorted as part of the divorce, as the solicitor was taking so long, eventually she would of ended up owning it.

nearlyrich

Also who advised giving up rights to child support, I was under the impression that you can't trade assets for this, I ended up giving my ex more in his share of the equity than I ever got for the children but was unable to make a deal " in case I was ever unemployed and they would still expect him to pay the child support.

How old are the children?

flimsier

This was a major mistake by you. Are you still on good terms with him? In my opinion you need to get him to agree to sell the house and you keep the equity, and downsize. I can't think of a single other way out of this.
I did the same (but I was the husband and there were no kids) and I'm trustworthy, but she rightly would not have proceeded without every i dotted and t crossed because if there's a legal way back in, you never know who might take it. Your problem is bigger than "if you die" and I suggest you take steps to sort this now, even if it means you'll need to stay in a smaller home or rent or whatever.

Sorry.

flimsier

nearlyrich wrote: »

Also who advised giving up rights to child support, I was under the impression that you can't trade assets for this, I ended up giving my ex more in his share of the equity than I ever got for the children but was unable to make a deal " in case I was ever unemployed and they would still expect him to pay the child support.

How old are the children?

This is a very good point.

tiashannon

nearlyrich wrote: »

Also who advised giving up rights to child support, I was under the impression that you can't trade assets for this, I ended up giving my ex more in his share of the equity than I ever got for the children but was unable to make a deal " in case I was ever unemployed and they would still expect him to pay the child support.

How old are the children?[/QUOTE

He would never of paid it anyway. I thought at least doing it this way, my kids would have some security.
surely if its in writing and signed for, he has no argument if i died..
I am now very worried about this.
My children are now 15 and 16... I have been paying the mortgage solely for 5 years now

Joseph_Bloggs_2

Would it be possible to change the ownership of the house to tenants in common, and you own 99% He own 1% on the land registry? He could will his 1% to you as well.