Transfer of property due to divorce

Peter999_2

My wife and I have seperated and are getting divorced.   It's fortunately very amicable so there is no solicitors advice involved.

We are using a solicitor to do the financial consent order and it's all going through.

However, as part of the divorce my wife is keeping our house and I am getting the equivilent in money so I can buy my own house.

We need to transfer our exisiting house to just her and take me off the deeds.    We are trying to do things as cheap as possible, can this be done without engaging a solicitor?

We have gone online and are filling in the TR1 form etc.   but we are being told on the form that we need get a conveyancer to certifiy our identity.    Is there any other way to do this or will we just have to pay for a conveyancer to do it?

Any help would be gratefully received.   The house I want to buy will take up nearly all of the money I get in the divorce so we are trying to keep it as cost effective as possible.

Thanks.

SDLT_Geek

Peter999_2 said:

My wife and I have seperated and are getting divorced.   It's fortunately very amicable so there is no solicitors advice involved.

We are using a solicitor to do the financial consent order and it's all going through.

However, as part of the divorce my wife is keeping our house and I am getting the equivilent in money so I can buy my own house.

We need to transfer our exisiting house to just her and take me off the deeds.    We are trying to do things as cheap as possible, can this be done without engaging a solicitor?

We have gone online and are filling in the TR1 form etc.   but we are being told on the form that we need get a conveyancer to certifiy our identity.    Is there any other way to do this or will we just have to pay for a conveyancer to do it?

Any help would be gratefully received.   The house I want to buy will take up nearly all of the money I get in the divorce so we are trying to keep it as cost effective as possible.

Thanks.

The process of transferring the house to your wife will be different depending on whether or not the house is mortgaged.

I expect you will need to get the house transfer done before you buy another property so that you are not hit with extra stamp duty on your purchase (stamp duty land tax if buying in England).

Peter999_2

Hi, thanks for the reply.   Forgot to mention that there is no mortgage fortunately.

As it stands I would have to pay stamp duty on the new property which will pretty much clean me out but I will be able to claim that back so long as I come off the deeds of this house within 5 years.

The big think I need to know is how to do it without a solicitor really.

SDLT_Geek

Peter999_2 said:

Hi, thanks for the reply.   Forgot to mention that there is no mortgage fortunately.

As it stands I would have to pay stamp duty on the new property which will pretty much clean me out but I will be able to claim that back so long as I come off the deeds of this house within 5 years.

The big think I need to know is how to do it without a solicitor really.

Is the property you will buy in England?  If so, you would have three years to dispose of all of your interest in the old home.  But that is not enough on its own, you would only qualify to get the extra SDLT back if you had lived in the former matrimonial home as your only or main residence within the three years leading up to your purchase of your new home.  (This presents a trap where there are long separations.)

If either of these leaves you with a problem, you could look at getting a "property adjustment order" so that you do not have to pay the extra SDLT in the first place: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09797

Peter999_2

Thanks again for the reply.

Apologies, it is 3 years and not 5.    I've lived in this property with my wife for 10 years and it is my one and only residence.    I'm moving out on 1st October to live with my parents while I buy the new house, I'm hoping it will go through in mid November.    I'm resigned to the fact I will have to pay the stamp duty,  but the divorce should be complete in a few months so I should get it back.  The solicitor has said it is very simple to claim it back and has said I will definitely qualify to get it back.

The property is in England.     

RAS

So your real question is how to get identity checks that meet the Land Registry's requirements?

Peter999_2

RAS said:

So your real question is how to get identity checks that meet the Land Registry's requirements?

Yes, I just need to know who I can get to do this.  Unfortunately it looks like it is going to have to be a solicitor unless anyone has any suggestion.

RAS

Do a search here as it's been discussed multiple times. Maybe check if the post office will do them. They are allowed to check passport applications.

If you do use a solicitor, ring round as the price can vary by a factor of ten.

Peter999_2

I have searched a lot on the forums and found things, but nothing that really helped.

I have found however - Completing form ID3 - GOV.UK (www.gov.uk)  which says it can be an accountant.   We have a friend at my wife's work who is an accountant so we'll ask him.

Has anyone else done this using an accountant?   did it go through ok?

Peter999_2

My solicitor has now contacted me and said that if I buy the house and pay the SDLT charge (it's £5,000 odd) then even if I get divorced afterwards (the decree nisi is due mid november) I cannot claim the SDLT back unless the property is sold.       Is this true @SDLT_Geek ?   I am really hoping it's not true.  Surely if the property has transferred to my wife and I have no interest in it I should be able to claim it back?   Thanks for any help

Edit - The divorce is very amicable and therefore my wife will be happy to sign anything we require.

SDLT_Geek

Peter999_2 said:

My solicitor has now contacted me and said that if I buy the house and pay the SDLT charge (it's £5,000 odd) then even if I get divorced afterwards (the decree nisi is due mid november) I cannot claim the SDLT back unless the property is sold.       Is this true @SDLT_Geek ?   I am really hoping it's not true.  Surely if the property has transferred to my wife and I have no interest in it I should be able to claim it back?   Thanks for any help

Edit - The divorce is very amicable and therefore my wife will be happy to sign anything we require.

From the information you have supplied, I would expect you to be entitled to a refund of the higher rates element of the SDLT charge if you transfer full ownership to your (ex) wife within three years of your purchase.  It is important that when you (alone) buy the new home, you are separated from your wife in circumstances likely to be permanent.