Changing mortgage from two names to one.

[HappydaysArehere]

Would appreciate any advice. My daughter has been separated from husband for nearly two years. She has always paid mortgage and is receiving no money from said husband. They have no equity in the property and husband said the house was hers. Mortgage company sent her a form which he willingly signed. However, she has been ill and a series of major disasters occurred which precluded taking this further. She is convinced it will cost a lot of money which she has already been spent on house. We live a distance from her but when visiting her a few weeks ago we found her in the most dire state and in a fragile state. We have employed a local builder in the village to undertake work which is costing my husband and myself to really dig into our savings in a big way. Originally I had sent her five hundred pounds to pay for the transfer to just her name. She had spent that on trying to patch up a roof which eventually led to ceiling collapses. This followed by another ceiling collapsing because of a tank trouble, then a pipe bursting and flooding into three rooms. The house is taking shape and her health is improving but does anyone know how much it would cost to do the required transfer and what this involves. So grateful for any advice as she is not up to managing a great deal at the moment.

[JaneParker]

The mortgage company seem to be happy with this (they often are not) but was that before mortgage rules changed in April 2014? It is harder now so she may need to check again that they will consent before she incurs any costs. On my divorce the lawyers handled it and it took a few months I think due to lender delays etc.

From memory there was a Transfer document - a sort of contract between my ex and me that transferred the house into my name. That was then registered at the Land Registry once the mortgage lender's consent was obtained and then the title was transferred into my name (I had to pay him almost £900k and all my life savings but that is another story....)

Also a very very important point is that unless she and he agree financial terms in a divorce and there is a "consent order" sealed by the court even if the house is in her name when the divorce finances are sorted out he can still come back and claim half any equity then in the house. In England this is assessed at date of that financial order NOT at date of separation. Assuming they will divorce my advice would be do an on line divorce (or if the money a divorce solicitor) and before decree absolute lodge at the court a consent order saying she gets the house etc and once that is sealed then get a conveyancing solicitor to do the transfer once the mortgage is transferred and register it at the Land Registry. There is no point bothering with the transfer to her name unless they also finally and fully deal with the finances in a court order on their divorce if money is tight. Even signing a separation agreement now will not really help as the court later could assess the husband's needs as more when the final divorce financial issues are determined by the court or agreement reached over them.

[JaneParker]

She should also immediately "sever the joint tenancy". If she dies tomorrow he gets her half of the house. If she severs the joint tenancy ( a google search will show you how) then she can leave her half to you her parents or any children in her will. If she has no will write one now otherwise her husband might inherit as they are still married.

[HappydaysArehere]

Jane this has been the most tremendous help. I have printed your helpful remarks and giving them to my daughter when we go there this coming week. I had looked on the internet but found a lot of it daunting and confusing. You have made things a lot clearer. Thank you so much. As usual mumsnet provides more help than anywhere.

[JaneParker]

No problem. I'm a lawyer but not in this area.

In Scotland money etc is divided at date of separate not divorce which is a lot simpler and what you might expect. It surprises people to think at separation they could reach verbal agreement, transfer money around and houses and then 2 years later find their spouse fighting for more as there was no court consent order sealed by a judge at the time.