transfer of house deeds/title to new partner

[hazeydazey]

my husband and have been separated for 18months now and after trying to sell the family house my new partner has decided to buy out my husband's share and pay half the mortgage. I have investigated the option of remortgaging with the change of names and also looked at the Land Regsitry website I know that I need to change the title/deeds on the house. I have printed out Ap1 and TR1 from the website and also HR4, are these the right forms? Do I have to tie in the Land Registry process with the mortgage application?

[lady_p_gold]

I think you need to be careful here. How have you decided how much your husband's share is ?? Just being cautious for you, as you are only separated and if you are not divorced then there are lots of things that have not been addressed ie. the sharing of your pensions, maintenance, all those things. If you enter into another binding contract with your partner just thinking that you might have wished you had sorted out the marriage settlement first as if you and your partner did not work out you could be in a very difficult situation. If you are quite happy with all that then someone else can advise you on the legal issues.

[hazeydazey]

my husband and I are all amicable and have decided to take into account only the house as being our joint liability. We ared not including pensions, etc as we are both on the same and it is only the house that we need to separate. My husband and I have agreed to split the house 50-50 and therefore worked out a settlement figure on the value we had the property on the market minus the mortgage and then split between us. Things are different with my new partner so I appreciate your concerns but I am confident about this relationship, unlike I was with my marriage.

[Golden Shred]

You will have to contact your mortgage company who will wish to manage the whole transaction (if they agree and they are not obliged to) to ensure that no unfair advantage is taken of them. They will call it "Transfer of Equity". There is no other way and you cannot transact any part of your proposal yourself direct with the Land Registry. Your lender may require that each party employs a separate solicitor and if so this will have to be accepted. Budget for a cost of �500 - �800. Some of these transactions attract a charge to Stamp Duty, and to check this phone [phone]. Whether or not in any case you will require a Stamp Duty Land Tax Certificate before the Land Registry can do anything at all, so arrange for this whilst speaking with them.