Title Deeds

[skj]

I have been married for three years. My husband purchased our marital home before we were married. His name is on the the title deeds. He pays the mortgage at the moment. The mortgage is in his name only. I contribute towards the house in other ways. We are currently going through a rough patch and I have asked him to provide me with some sort of security in case we separate or divorce. We have a two year old daughter. He has said he wont change the name on the title deeds. Instead I have heard he proposes to change the name on the deeds to his sister's name. She helped him financially she gave him �10,000 but she doesnt have her name on the deeds or the mortgage. Can he do this ? and where does this leave me if we divorce? I have also heard that he is trying to find out that if does transfer the name on the deeds to his sister's he wants to back date the deed to show his sister's name on it.

[CheekyChops]

I don't think he will be allowed to change the name on the deeds to that of someone else whilst he still has a mortgage on the property in his name.

[MustafaTickl]

You should immediately have a Restriction (previously called a Charge) entered on the property Registration at the Land Registry. This prevents the property from being disposed of by anybody and in any way at all until your claim is settled (you do have a substantial claim). It is not a DIY matter but requires a solicitor to ensure that the wording of the application is acceptable to the LR Registrar. Cost plus or minus �200. Don't delay, if the application is accepted you will be secure in about a week.

[skj]

But can he transfer the deeds into his sister's name and back date the deed?

[MustafaTickl]

He cannot transfer the ownership of the property into his sister's name without the consent of the mortgage lender. It is vaguely possible that consent may be given, but unlikely as it is very messy and a rigmarole. A transfer cannot be backdated.