PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Changing title deeds

Long story short I'm divorced and sorting out financial statement - ex has offered me house and CCJ if I don't touch his pension. As an ex bankrupt with a CCJ I'm struggling to get a mortgage and part of the settlement is that I get the exes name removed from the mortgage - so my brother is going to lend me the money to buy the house outright - and I will send him my mortgage payments till paid off.
So two questions really
A) does my brothers name have to go on land registry or can it just be mine.
B) would we need to see a solicitor to have it documented somewhere that he's lending me the money to keep it all above board?
Many thanks in advance

Comments

  • anselld
    anselld Posts: 8,651 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 2 July 2016 at 8:35AM
    ex has offered me house and CCJ
    What??
    A) does my brothers name have to go on land registry or can it just be mine.
    B) would we need to see a solicitor to have it documented somewhere that he's lending me the money to keep it all above board?
    Many thanks in advance
    (A) Brother is lending you money, you will own house. Hence your name on the Title.
    (B) That is up to you and your brother. There is no legal requirement for a loan agreement to be drawn up.

    If you use a solicitor to do the title transfer the will need to have proof of source of funds from your Brother in order to comply with Money Laundering regs.

    BUT .... How is your ex "offering you the house" if you are still having to buy him out?
  • antrobus
    antrobus Posts: 17,386 Forumite
    anselld wrote: »
    ....BUT .... How is your ex "offering you the house" if you are still having to buy him out?

    As is quite common in divorce settlelements, one party agrees to let the other party have the house, so long as they take on the responsibility for the outstanding mortgage; i.e. "offered me house" means giving up their share of the equity.
    ...A) does my brothers name have to go on land registry or can it just be mine....

    Not as the owner of the property, but he might want to register a charge on your property.
    ...B) would we need to see a solicitor to have it documented somewhere that he's lending me the money to keep it all above board?....

    There is no obligation to do so. But I'd say it was a good idea to get everything down in writing in the first place, and have clarity.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ....... - ex has offered me house and CCJ if I don't touch his pension.
    Wish I could do this - there's a whole bunch of people I'd like to offer a CCJ.......!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.6K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.