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Take ex off deeds or wait until house sold in divorce?
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gemmalouise93
Posts: 8 Forumite
Hi,
My ex husband has agreed that I can have all the equity from the house sale in our divorce (very little but I am resident parent of our daughter).
My ex husband has agreed that I can have all the equity from the house sale in our divorce (very little but I am resident parent of our daughter).
Things have been quite high conflict between us - and I worry that it will come to the house being sold and he’ll change his mind. Can I take him off the deeds now and will this safeguard the settlement? Hope this makes sense
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My understanding is that separating your assets now won't affect the settlement. So I wouldn't go to the legal expense of getting him taken off the deeds
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Are you planning to sell in any case? Then as Mark says why go to the expense!I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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Plus I think it can take a while to get the land registry updated, and I don't know if you'd be able to complete a sale while that was in progress.Brie said:Are you planning to sell in any case? Then as Mark says why go to the expense!Signature removed for peace of mind0 -
in a divorce settlement, it doesn't matter who owns the asset, it is all considered jointly own, so there is no advantage to taking him off the deed.0
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Simple answer is yes but the two of you would need to transfer ownership to just your name. If you are having to sell as part of the divorce settlement then same thing applies and the two of you would complete any transfer to the buyer. So seems little point in trying to get it changed to a sole name first.gemmalouise93 said:Hi,
My ex husband has agreed that I can have all the equity from the house sale in our divorce (very little but I am resident parent of our daughter).Things have been quite high conflict between us - and I worry that it will come to the house being sold and he’ll change his mind. Can I take him off the deeds now and will this safeguard the settlement? Hope this makes sense“Official Company Representative
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Do you have a consent order and d81 agreed and about to be/already submitted to the court?0
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If your ex comes off the deeds, then you will likely need to take out a mortgage on your own as most mortgages require you to be on the deeds. As there is very little equity, is this feasible? Often in cases like this, both have to remain on the mortgage and deeds until the child is 18, which is not always ideal.gemmalouise93 said:Hi,
My ex husband has agreed that I can have all the equity from the house sale in our divorce (very little but I am resident parent of our daughter).Things have been quite high conflict between us - and I worry that it will come to the house being sold and he’ll change his mind. Can I take him off the deeds now and will this safeguard the settlement? Hope this makes sense
Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Agreed how, in writing?gemmalouise93 said:Hi,
My ex husband has agreed that I can have all the equity from the house sale in our divorce (very little but I am resident parent of our daughter).Things have been quite high conflict between us - and I worry that it will come to the house being sold and he’ll change his mind. Can I take him off the deeds now and will this safeguard the settlement? Hope this makes sense
You should do this as a financial consent order and not separate to that.0
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