Divorce house agreement

negyvas

Hi,
Me and wife are divorcing. We married not in UK, but bought a house. Now we are divorcing and we agree what house and mortgage are going to be mine( She receives house and flat in my home country). What is the easiest and cheap way to separate? 
My house is on our both names and we have 2x mortgages against house and we are divorcing in our home country. Do I need consent order? Do I need to divorce in Uk if we married abroad? 

TBagpuss

You can divorce in the UK if either or both of you currently live here. However, you can't usually start a divorce here if one is already  happening in another country. Generally, if the divorce is valid in your home country it will also be recognized here.

In terms of an order, it's unusual to have an order in this country if the divorce is taking place elsewhere - you should probably check whether an order can be made reflecting the terms you and she are agreed on, in the country where you are divorcing.

If the divorce there has not yet been started then consider whether divorcing here might make more sense .

If you do get an order elsewhere then in most situations it would be accepted here .

Obviously you will need to deal separately with the arrangements to get the house and mortgages transferred to your sole name . You may want to ensure that that is done either before the divorce is finalised, or that you have an order which sets out clearly that that will be done and provides for a timescale, so that you don't end up with issues of one of you doesn't cooperate to get the paperwork done! 

negyvas

Hi,
Thanks. I believe I will do consent order first and what then? What is the procedure of transfering the house to my name? In terms of mortgage I called my bank and they said its very simple procedure, but how to transfer the house?

Bradden

negyvas said:

Hi,
Thanks. I believe I will do consent order first and what then? What is the procedure of transfering the house to my name? In terms of mortgage I called my bank and they said its very simple procedure, but how to transfer the house?

I think you will need to instruct a conveyancing solicitor.

TBagpuss

Yes, you will need a conveyancing solicitor. 
It's the same as when you buy a house - think of it as you and your ex and selling the house to you. The current mortgage will need to be cleared and you will have a new mortgage in your sole name, and the title to the property will be changed into your sole name.  If you have a divorce financial order then tat is referred to in the transfer deed instead of it setting out how much is being paid for a house.

The process is known as a transfer of equity and I'd suggest that you use a local, high street firm of solicitors rather than an online company. If you are getting any advice about finalising the divorce and financial order (and you should, to ensure you are protected from future claims) chose a firm which has both a property and a family department so they can deal with both elements and the two lawyers can liaise with each other. 

tightauldgit

negyvas said:

Hi,
Thanks. I believe I will do consent order first and what then? What is the procedure of transfering the house to my name? In terms of mortgage I called my bank and they said its very simple procedure, but how to transfer the house?

There are two separate things - the names on the mortgage, and the names on the title deeds. 

A bank may or may not agree to simply remove your ex-wife from the mortgage - if not you'd have to clear off that mortgage and then re-apply for one in your sole name. 

The title deeds need to be changed to reflect that you are the sole owner of the property - this is a relatively simple process with the land registry but you can get a conveyancing solicitor to do it for you. 

You probably both need a solicitor for the transaction but you may get away with just having one if you are amicable. 

negyvas

Thank you.
So am I thinkin right? First I can do Consent Order which will have a date I need to transfer my property(Would like to do it then my fix is finishing) after fix is finished I hite solicitor and transfer property and mortgage or sell my house?
Thanks

tightauldgit

negyvas said:

Thank you.
So am I thinkin right? First I can do Consent Order which will have a date I need to transfer my property(Would like to do it then my fix is finishing) after fix is finished I hite solicitor and transfer property and mortgage or sell my house?
Thanks

You can do whatever you want provided your wife and lender agree to it.

TBagpuss

negyvas said:

Thank you.
So am I thinkin right? First I can do Consent Order which will have a date I need to transfer my property(Would like to do it then my fix is finishing) after fix is finished I hite solicitor and transfer property and mortgage or sell my house?
Thanks

Once you and your ex have agreed it is likely to make sense to speak to a conveyancing solicitor about the timescales and make sure that the dates you put into the order marry up with the timescale which your conveyancer has given you. 

Things like mortgage applications take time, your conveyancers should be able to make a start on some of what's needed before the order is made, they won't be able to finalise the draft transfer until the order has been made as they will need to the date and case number for the order to put into the transfer. However, it would be sensible to decide whether you are selling the property or putting it in your sole name and remortgaging to pay off your ex. If you are going to sell, then normally your order would say that, and would specify what % of the sale proceeds you will each have.

If it is being transferred, then it would normally say that, set out the fixed amount you are paying your ex and include a timescale for when the payment has to be made by - this can either be a specific date (e.g. "On r before 1st December 2023" or linked to the date of the order "Within 56 days of the date of this order" )