Transfer of a property as part of consent order

DawnF123

Hi me and my husband are sadly divorcing we had agreed that I would purchase his share of the family home and I’ve just received a consent order from the courts which states that he is to give up all his rights to the property within 28 days and then I am to transfer the money to him.
Can anyone please tell me if I need a conveyancing solicitor to transfer the property into my name or will this be completed by my ex husband?

Keep_pedalling

You can do it without a solicitor being involved, but both parties need to complete the paperwork. Is there a mortgage involved?

Lavendyr

You can do the paperwork, but if there is a mortgage involved, realistically you will need solicitors to complete the transfer. My ex and I split the costs but that was amicable. You will need your own conveyancing solicitor as will your partner. 

tightauldgit

DawnF123 said:

Hi me and my husband are sadly divorcing we had agreed that I would purchase his share of the family home and I’ve just received a consent order from the courts which states that he is to give up all his rights to the property within 28 days and then I am to transfer the money to him.
Can anyone please tell me if I need a conveyancing solicitor to transfer the property into my name or will this be completed by my ex husband?

Just been through this and it was a bit of a mess largely thanks to ex's solictor but hey ho. 

First port of call if there is a mortgage is probably to the bank and ask them how they want to proceed. While it's possible to do the paperwork yourself the bank is probably going to want to deal with a solicitor - there shouldn't be a need for you both to have a solicitor but if you feel happier with one then go ahead. 

If there's a joint mortgage and joint names on the deeds are you transferring the mortgage to your name or just the deeds? 

The bank will have to remove their charge on the property before it can be transferred into your sole name if there's a mortgage hence they need to be involved up front.  

So the basic process is :

1. Deal with the bank to sort out the mortgage and release their charge
2. Contact land registry and ask for the change on title
3. Contact bank once its done so they can reapply their charge on the property.
4. In my case transfer of money occured at the same time as step 2

DawnF123

Thank you all for your replies I’ve decided to ask my solicitor to deal with the transfer as my ex doesn’t have one which has saved him a fortune but I just want it all sorting and feeling stressed about it. Also when I contacted the Land Registry they weren’t very helpful so didn’t feel confident to do this myself 

Land_Registry

DawnF123 said:

Thank you all for your replies I’ve decided to ask my solicitor to deal with the transfer as my ex doesn’t have one which has saved him a fortune but I just want it all sorting and feeling stressed about it. Also when I contacted the Land Registry they weren’t very helpful so didn’t feel confident to do this myself 

I’m sorry we weren’t very helpful. 

We’d generally advise you to use a conveyancer as they are familiar with the forms/process and they can verify your identities as well. 

Our online guidance, perhaps too late now, explains how a transfer, which includes from joint to a sole name, can be completed/registered 
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property