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Transfer of property & undeclared property on d81

  • Toesandnose
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17 Jul 24 - 17 Jul 24 #523522 by Toesandnose
Topic started by Toesandnose
2 parts we need answered here pls :)

My partner had a financial order in place when he divorced

​​This order stated the transfer of his share of the property was to go to his ex partner. He was paid X amount and the transfer of deed was meant to be done. However, the transfer of deed was not done by ex partner because she couldn't afford the mortgage without him. He therefore agreed to remain on the mortgage so she could remain loving there with his child - this therefore didn't release him from the property as it should.

We're not at the stage where the house is being sold and he's having to sign sale documents etc. Are we right in thinking that as he was not released from the house that he effectively still owns that percentage, despite having received money initially?

2nd point

After reviewing the D81 form, we notice that her parents house which is in her sole name on title deeds is not declared. Should this have been? Or is it possible to declare on form E but not include it in D81?

It doesn't seem fair that after the financial order was made, it was realised thereafter that she couldn't afford the mortgage. Should consideration also been made that she could have effectively released equity from the second property to do this?

It's just making him re evaluate it all and now & we're at the stage where his ex is pushing for him to sign the house sale documents and threating going to court to enforce the order
Last edit: 17 Jul 24 by Toesandnose. Reason: Missed out info

  • WYSPECIAL
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18 Jul 24 #523526 by WYSPECIAL
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You can be removed from the deeds but still remain liable on the mortgage. It is up to the lender if they will release someone from their liability, a court can’t order it.

Form d81 is used when you have come to an agreement between yourselves. Presumably your partner was aware of the ownership of her parents home? Did he query its omission at the time? If it had been on the d81 would it have made the agreement that they had come to look so unbalanced and unfair that the court wouldn’t have approved it?

How long ago was all this?

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18 Jul 24 #523527 by Toesandnose
Reply from Toesandnose
Thank you for your reply, it's most appreciated

Yes he was, I can see it was mentioned early on in the divorce paperwork but nothing after that point and no valuation of the property was made.

If it had been on the D81 I'm pretty certain it would have been seen as unfair as she effectively got 100%

Yes he received legal advice but I'm not too sure what happened with the omission from the D81 here...

It's 4 years ago

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19 Jul 24 #523534 by WYSPECIAL
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If he has been paid £x as in your original post then she can’t have got 100%.

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