I am going to oz in one month time so I don’t have alot of time to get things arranged. I am planning to buy him out and get my name put on the deeds and an agreement made out by our solicitor that when I get back from oz he will sign the house over to me so it is solely in my name and I can continue with the mortgage. We are in the middle of renting out the flat to cover the Mortgage when I am in Oz.
Does anyone know the time scale for arranging to put a wife’s name on the deeds and how much it would cost? Many thanks
PS I will be making an appointment with a solicitor this week.
we bought the house together in 1999 but itswas in his name only, we never got round to putting my name onto the deeds.
2007-10-28 01:40:15 · 5 answers · asked by Ozzyleigh 1 in Family & Relationships ➔ Marriage & Divorce
This may just be a matter of your attorney drafting up a Deed Transfer Letter (it's called something like that) and having him sign it ... but then there is the issue that you will have to actually pay to buy him out. Hopefully hte Solicitor will have more info for you.
Good luck.
2007-10-28 01:44:26 · answer #1 · answered by Jennifer 4 · 0⤊ 0⤋
I'm not sure what the protocol is in US Law but i know in UK Law if he is offering you the house in return for you paying teh morgage then the following can be used:
Errington Vs Errington & Woods (1952)
A father bought and morgaged a house in his name only so that his son and daught-in-law can live in, promising that, when they paid off the mortgage, he would transfer legal tittle to them.
The father died before the couple paid off the mortgage, the other family members sought possession but failed.
The court holds that a promise cannot be withdrawn while the couple kept up the mortgage repayments, in this case acceptance and performance were the same.
In other words if you can get your husband to sign a contract stating that you gain full entitlements to the house on the basis that you pay for the mortgage then the above principle will work.
But to buy out your husband can depending on the status of the dealings,
# you could go to court and ask for half-maintence payments and half of all belongings (which inevitably meaning gaining half the house just for separating) and then you could agree in court to relinquish claim of further payments for the other half of the house. (50% payment)
# But if you have the money to buy him out, you can agree on a price between you and buy him that way. (100% payment)
2007-10-28 08:53:56 · answer #2 · answered by ireland_wins_quidditch_world_cup 2 · 0⤊ 0⤋
I do not know to much about this, but my guess is you need a mortgage right, maybe the bank can do this for you and you can ask about how long this will take to do, if you use the lawyers if you get a divorce have the lawyer do this, but the more you can do on your own the better off you will be.
2007-10-28 08:49:49 · answer #3 · answered by kim t 7 · 0⤊ 0⤋
Your mortgage lender will decide the timescale as you will need to have the mortgage in your name. They will not allow the change you want until the mortgage has been re-arranged.
2007-10-28 08:47:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
why would he give up his house to you? i don't understand
2007-10-28 08:56:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋