Prosperous soul in the making

enthusiasticsaver

Great that your ex has a  plan to remove his stuff.  Is he taking the bed you have just bought a new mattress for? 

EssexHebridean

peb said:

And it depends on the lender as to if they will accept the form from your daughter emailed and printed, most do but one or two refuse.

I commented on this before and I think SH said that it had been checked and her lender was OK. I also raised the fact that often there is a requirement for independent legal advice to be given for an occupiers form too although a I have a hunch that may have been dropped by a lot of lenders due to the pandemic. 

The SDLT thing has been in my mind as well, thanks to Furlough etc it’s been a long while since I’ve done a registration of a TofE with a matrimonial component involved, so I couldn’t recall exactly how it works and so was reluctant to raise alarm! Good summary in your post though, and has refreshed my mind too - I seem to recall it’s usually put through as a “zero value” in terms of fees etc with a reference made on the AP1 to the decision of the court. The “real value” of the property still gets entered in the usual box but it’s the “type” of TR1 that reflects the zero value….And that’s enough oiling of brain-cogs here for a Saturday morning, I think! 😆

BellaLasagna2018

Thank you for the welcome @savingholmes  

EssexHebridean

SH brilliant news that he FINALLY has a plan! (I mean about time too, but still!)

as for DD and the travel, hopefully she will realise that working on her discomfort with using it is a really valuable thing to do, and as she gets more familiar with the processes it will become easier too. Realistically even with a car and the ability drive it, there are always times when public transport is necessary and it is really important that she learns to cope, isn’t it, as it’s part of her getting herself to the point where she can cope with what life throws at her even if she’s not come with it. That to me is proper bravery - knowing something will be difficult but taking the decision to do it anyway, so good for her for trying. 

savingholmes

peb said:

I've been behind hand with your diary, I thought you weren't using the lender's conveyancer but see you are.  Been trying to decide whether to comment, it's usual to cite the consent order from the ancillary relief in the TR1 (transfer deed) to reflect the real consideration - am concerned that you are referring to figures in the document.   I suggest you get this double checked - if it's done incorrectly you could end up with SDLT liability.

Thanks so much for posting @peb and welcome too I didn't know you read my diary but have come across you on other diaries.

You are making me feel like my instincts were correct in not signing the TR1 form yet then. I don't mind spending money on lawyers if it's needed but was worried I was potentially spending an extra £100-400 on hand holding and making a fuss over nothing... I'm paying the lender's solicitor close to £300 for just this bit but it appears then they've messed it up despite on my forms to them me mentioning subject to finance consent order being approved multiple times on my borrower's questionnaire. 

Ex has said he's done with signing forms though so I may have a hurdle to climb if I get it changed. He'll come round though - he's desperate to get his hands on the money at this point. 

I thought I wouldn't have SDLT liability - as long as it was done before the divorce was finalised as it's a transfer of assets between spouses? I'm planning to do this transfer bit - and then tick the decree absolute box. @peb said:

And it depends on the lender as to if they will accept the form from your daughter emailed and printed, most do but one or two refuse.

I didn't email the form to DD in the end - she will need to sign this weekend. They said the delay would be fine. I did however get them to re-email Ex as the details that they put through on the original form were incorrect. They did that and said they would accept that printed and signed... It has to be posted back though.

savingholmes

enthusiasticsaver said:

Great that your ex has a  plan to remove his stuff.  Is he taking the bed you have just bought a new mattress for? 

No - I have a superking in my bedroom. We bought him a double bed around January 2020 for one of the other bedrooms. That's what he's taking... 

Thanks HSL too, hopefully you won't be too far behind me.

EssexHebridean said:

peb said:

And it depends on the lender as to if they will accept the form from your daughter emailed and printed, most do but one or two refuse.

I commented on this before and I think SH said that it had been checked and her lender was OK. I also raised the fact that often there is a requirement for independent legal advice to be given for an occupiers form too although a I have a hunch that may have been dropped by a lot of lenders due to the pandemic. 

The SDLT thing has been in my mind as well, thanks to Furlough etc it’s been a long while since I’ve done a registration of a TofE with a matrimonial component involved, so I couldn’t recall exactly how it works and so was reluctant to raise alarm! Good summary in your post though, and has refreshed my mind too - I seem to recall it’s usually put through as a “zero value” in terms of fees etc with a reference made on the AP1 to the decision of the court. The “real value” of the property still gets entered in the usual box but it’s the “type” of TR1 that reflects the zero value….And that’s enough oiling of brain-cogs here for a Saturday morning, I think! 😆

Thanks for commenting too @EssexHebridean EH - as I say - between you and @peb you are making me think that I am absolutely doing the right thing following it up with my divorce solicitor's property practice early next week. They are getting back to me on charges... I am paying the lender's solicitor as well - and virtually every doc they've sent me I've had to correct and get redone. They were extremely sexist and assumed Ex was buying me out instead of the other way around - even though I am the named borrower and client!! That didn't go down well as you can imagine... 

savingholmes

BellaLasagna2018 said:

Thank you for the welcome @savingholmes  

You're welcome. Well done on being debt and mortgage free. That's an amazing achievement!!

EssexHebridean said:

SH brilliant news that he FINALLY has a plan! (I mean about time too, but still!)

as for DD and the travel, hopefully she will realise that working on her discomfort with using it is a really valuable thing to do, and as she gets more familiar with the processes it will become easier too. Realistically even with a car and the ability drive it, there are always times when public transport is necessary and it is really important that she learns to cope, isn’t it, as it’s part of her getting herself to the point where she can cope with what life throws at her even if she’s not come with it. That to me is proper bravery - knowing something will be difficult but taking the decision to do it anyway, so good for her for trying. 

Thanks I'm so relieved he finally has a plan.

I agree that she needs to learn to use public transport - but we nearly applied for a PIP for her with a mobility component as it is such a major struggle for her. I don't want her to become 'dependent' and limited though - so encouraging her to push through if she can. Most weeks, a fellow student can take her by car (it's a once a week course) - but when she's at site - she's not only at an unfamiliar Air place she is also having to make her own way to college. This week she had everything together - all unfamiliar people and places... So it was a lot. I was proud of her though as she didn't jack it in, there were no calls home to be rescued etc so compared to where we thought she was at when she started the apprenticeship she's doing amazingly well. She's become more assertive too which is good to see. 

Seeing my wider family this afternoon to celebrate my 3 year old niece's birthday. Still need to wrap her present - but I've coloured her a fairy tea party postcard which I hope she'll love. I do!! Thinking of rebuying that colouring book as I hate giving them away - and think they could be good prompts for stories.

Thanks for caring - best go finish getting ready... Need to find some sellotape and see if I can find the unicorn tissue paper I bought a while ago!!

peb

thought I wouldn't have SDLT liability - as long as it was done before the divorce was finalised as it's a transfer of assets between spouses?

Just check.  I haven't been working for nearly a year (cancer) so things may have changed however I have worked for the last eight years or so in bulk conveyancing (tech support so not client facing) which is why Im concerned -  people don't have the depth of knowledge now.   Tbh Essex may know more - I haven't done an SDLT return nor an AP1 for years.

The point is that the consideration is the full consideration on the marriage breakup not for the payoff and thus no SDLT payable.   This may not be clear as I'm day two after chemo but I don't want you to be stung

EssexHebridean

SH - I would ask your divorce solicitor for advice on this one if I were you - hopefully even if they don’t know themselves there will be someone in the firm they can confirm things with. 

savingholmes

@peb I feel honoured that you bothered to post when you have so much going on in your life. Thank you. 

Thanks too @EssexHebridean

I am expecting a call back from the property lawyer at the same law practice as the divorce solicitor - on Monday with a quote. They tried to suggest I needed 2 hours work which would include ID and opening a file. I asked if they could piggyback off the divorce lawyer and just give me 20-30 minutes actual advice! She needs to ask her head of department.

Well I had a better time with wider family than expected. I hate feeling crammed in - so the less people the better. There were 5 of them plus my parents - but when I first got there Dad and BIL had both separately gone for a nap. I had a brief chat with sis in the kitchen and then later outside with BIL while watching the kids cycle round etc. I also did some colouring with the kids and let them use my postcards. The two boys presented me with their colouring to stick in my journal which was super sweet and told me I was good at colouring. My niece - liked my picture so much - she put it up on their art wall under their pictures instead of with the other birthday cards. I felt cherished. I said to sis - if you're going to bin it later I'd like it back!! She wasn't shocked. 

Turns out my sis had said to BIL - offer to help Ex move as he's due to move out next weekend. So he did. Ex apparently replied, 'Next weekend? Well that's news to me..."  But anyway it was them - without me asking - that cajoled him into action. He's planning to take most of his stuff away next weekend and then sleep in DS's room until I send him the money! I don't really understand why he's so desperate to stay until the last moment?! When he turned up with DD, I left (pre-planned that way). My sis did give me a 2 minute warning he was nearly there... 

I nipped in the big Swedish place. I came out having only spent £16 on some pyrex dishes and lids to replace some of the plastic we have. I did take loads of photos of things I might like. That way I can also see if they come up on FB or Gum so I can potentially get them cheaper. I'm thinking of setting up the current downstairs study as a dining room when Ex goes. I could just move the kitchen table and chairs in there for now. I was looking today though at bar tables and standing (adjustable) desks - as I tend to do my painting stood up - and my back then is it at an odd angle. If I got a bar table or a height adjustable large desk that would solve the back issue and potentially be better for me long term - particularly as I'm planning to do it more often. I'm trying to make myself wait and live with the space for a while before making any more purchases... 

Last night I was looking at all sorts of beautiful second hand furniture. I need to rein myself in and get past Xmas and the first mortgage payment before making any decisions.