marriage breakdown

[darylb]

I havent had legal advise. Im a man with two children, a homeowner. Im lookin to move out of my property to go into rented, due to a breakdown of my marriage. is it possible to remove my name from the property in order to eventually obtain a new mortgage of my own after divorce. I would not want any share of the property if i could be removed from the responsibility of paying the mortgage. my ex would assume that responsibility.

[buildersmate]

Depending on how long you have lived in the house, you could be chucking away your own stake in the equity of the house if you tried to do this. You really need to resolve ALL the financial and children access issues through the legal process, not try and separate the house issue off. I urge you to seek legal advice because you are going to have to employ a solicitor at some point in a divorce process.

[antiguru]

buildersmate is right that this is a bigger issue than the one you are considering. you may get sympathetic answers on this site but you do really need to get professional guidance.

talk to the CAB first though. you may be able to resolve things without the use of a lawyer except for the decree nisi and the more amicable it is the better it will be for all 4 of you in the long run and cheaper.

hope it all works out ok.

[Golden Shred]

As you do not want any share of the property and your ex has agreed to take on the mortgage it may be a simple matter to arrange yourself. However, this can only be done with the agreement of and by your lender. There is no other way. Your lender will call it "Transfer of Equity". You do not need a solicitor at this stage, simply contact your lender and put your proposition to them. They are by no means bound to agree, so make sure you have your facts and figures straight before getting in touch. If they agree they will tell you the procedure that you must follow. They will make a charge which seems to vary in total between �500 and �800 including VAT and Land Registry fees. Sometimes in these matters Stamp Duty has to be paid, so telephone [phone] and put your facts and figures to them to find out. Whether or not Stamp Duty has to be paid you will need a Stamp Duty Land Tax Certificate from them before the Land Registry can change the Register, so arrange for that at the same time.

[huge piles]

daryl, you gotta take professional advice on this... have been in a similar situation myself but got things worked out amicably... if the split is amicable, it makes thing a lot easier...

if you're first time buyers and only bought the place a year ago or something, and your wife is agreeable to takin on the mortgage, then fair enough, but if you have a lot of equity in there, then you have your rights... and you also have the right to see your kids as well...

good luck, my friend