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Turning property over to sister
Astadorian
Posts: 1 Newbie
Hi, I wonder if anyone can give me any advice. I currently own a flat and since getting divorced the court has ordered that my ex husband hand his half over to myself and our children. The problem is I need to remove his name from the property. It currently has no equity in it and my sister has offered to take the property over completely into her name so that my ex's name can be removed as I can't afford to do this myself. What I am wondering is that with no equity in the property is it possible to transfer both our names off and change ownership over to my sister and if so what steps would I have to take to do this?
Thanks in advance x
Thanks in advance x
0
Comments
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1) To transfer the Title away from your ex (whether to you, your sister, or me) you will need either your ex's signiture or a court order.
2) If there is a mortgage, then removal of one name will need the lender's consent
3) If there is a mortgage, then removal of both names (ie to your sister's) will need the mortgage to be paid off in full. To do this your sister might have to take out her own mortgage.0 -
Seems to me The court ordered your ex to pass his half to you, not your sister, so if he did what you wanted, he'd actually be disobeying the court.
So even if he was in a cooperative mood IANAL but I'd say he shouldn't do this.0
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