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If you are going through the breakdown of a relationship, then you may need to transfer property ownership. This could be transferring property into your sole name or negotiating the transfer of your share to your former partner if they will be buying you out.
If you are married, then your property may need to be transferred as part of your financial settlement following an order of the court.
Glanvilles’ family law solicitors deal with asset transfers on separation, including robust negotiations where necessary and transferring ownership of property.
We have in-depth experience in representing clients in separation, including in divorce and where couples are not married. We will take the time to understand your situation and what you want to achieve. We will work to ensure that you secure the deal you need to give you certainty and security for the future.
If you are involved in a property dispute, we will always try to resolve this without litigation wherever possible. Where necessary, we can work with you through alternative dispute resolution to try and find an out of court solution.
Our services include the following:
If you are married, then you have the right to stay in your home unless a court makes an order to the contrary. Even if you are not registered as a joint owner, property owned by your spouse will be considered a matrimonial asset on divorce and will be taken into account when deciding financial issues. The starting point for the courts is to divide assets on a 50:50 basis, although this can be adjusted to take into account your circumstances.
If you are not married, then the position is more complicated. If you are a registered owner of the property, then you are entitled to a share of it. If you own the property as joint tenants, you can expect to receive half of the sale proceeds or half of the value of the property.
If you own the property as tenants in common, the share that you hold will be specified.
If you are not a registered owner, then you will only be entitled to a share in the property if you can demonstrate that you have a beneficial interest in the property.
You might be able to make a claim under the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA. For example, if you contributed substantially to the property by making mortgage payments or paying for renovations on the understanding that you would have an interest in the property, you could consider making a TOLATA claim.
If you can show that there was a common intention between you that you would share the property, either because you talked about it or because of your actions, this will support your claim. Similarly, if you relied on having a share in the property to your detriment, such as by giving up your own home to move in, then this will also be helpful to your case.
In the event of a TOLATA dispute, you will usually be advised to try to negotiate a settlement out of court first.
The situation is similar if there is a mortgage over the property and you are not included on the mortgage. For married couples, the property will be taken into account when dividing your assets.
Unmarried couples would not have any entitlement to the property unless they could establish a beneficial interest in it by way of a TOLATA claim.
If you are married and the courts are asked to decide what will happen to your house, there are a range of options available.
When deciding your share of the assets, the court will take into account your financial position and that of your spouse. Where one of you is in a weaker position, for example, if one of you gave up your career to raise children, then that person could receive a larger share of the matrimonial assets by way of compensation.
If there are children involved, the court will prioritise their needs. This means that the person with the main day to day care of the children could receive the family home, with the other party receiving a larger share of other assets by way of compensation.
There are a range of options open to the court in respect of property on divorce, including:
If you own a property jointly and you are not married, then your former partner could try to force a sale. If you do not have children, the court will usually order that a sale take place.
If you do not want to sell, you might be able to buy the other party out. If you have children, then the court might decide not to order a sale while a home is needed for them. If it is possible to move to a smaller home with your share of the sale proceeds, a sale might still be ordered.
If one party does not wish to sell, then it is open to the court to make an order requiring the property to be sold. The decision will depend on the individual circumstances of the case. If there are children living in the house, the court may make an order to sell the property but defer it until they are older.
Both parties will often have the right to stay in a property during a separation unless there is domestic abuse involved. If you are married, then you are entitled to stay even if your name is not on the title deeds.
If you are not married and your name is not on the title deeds, you may still be able to stay if you can show that you have a beneficial interest in the property.
In either case, you are advised to speak to an expert family law solicitor as soon as possible who will be able to take steps to protect your rights.
Anyone who is named on the mortgage has a legal obligation to pay it. If your ex stops paying, your home will be at risk of repossession. You should contact your lender to explain the situation, which may give you time to take legal advice.
If you have a joint mortgage, then you will need to consider how this will be dealt with if you separate. If you want to keep the property, then you would need to approach the lender about taking on the mortgage on your own. They will look at your financial situation and consider whether they are prepared to have you as the sole borrower.
You could also consider remortgaging to find a deal that allows you to have the property on your own. You would need a solicitor to deal with both the remortgage and the transfer of the property into your sole name.
If you are separating, we can advise you of your rights and take steps to secure the outcome that you want. We can negotiate with your partner and, where necessary, represent you in alternative dispute resolution and/or litigation.
Wherever possible, we aim to deal with separation issues by way of agreement, avoiding the need for court hearings.
Our expert separation solicitors offer:
For more information on our services, see our divorce and family solicitors page.
Contact our highly experienced property transfer lawyers in Chichester, Fareham, Havant and Petworth, or fill in our simple online enquiry form for a quick response.