removing name from property deeds

[august321]

i am in the process of getting divorced. i have paid my husband his share of our joint property i wish to get his name removed from the deeds asap but my solictor says this is not possible to do until i am divorced.but i have heard from other sources that it is a simple procedure that can be done at any time if both parties agree. any advice gratefully received

august321 Thurs 11/01/07 21:07

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[Buenchico]

When two people both have an interest in a property, they can either hold a 'joint tenancy' or they can be 'tenants in common'.

If you and your husband were tenants in common, you would both hold distinct shares in the house (normally, but not not necessarily, 50% each). In this case, it would be possible for one of you to sell your share to the other partner.

However, the more usual arrangement is that married couples are joint tenants. In this case, neither of you own a distinct share in the house. For example, if one of you was to die, you couldn't leave your half of the house to someone in your will. It would simply pass automatically to the surviving partner.

I think that your solicitor is saying that your marriage effectively locks you into the joint tenancy so, although you can make a payment to your husband in anticipation of a future change in the deeds (and to give you the immediate sole right to reside in the property), you won't be able to change to a tenancy in common (at which point you can officially 'buy out' your husband's share in the house) until your marriage is dissolved.

Chris

[Nether Edge]

Buenchico is right except that:
i. you can always "sever" the beneficial joint tenancy, without awaiting divorce decree;
ii. money should not be paid to husband until he transfers his share to you; and
iii. if H won't co-operate, you could seek a court order forcing him to transfer.