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Transfer of property ownership in divorce

In many cases, the court may prefer the ownership of a property to be transferred to one spouse. In particular, transferring the matrimonial home to avoid its sale may be a fairer outcome where the parties have children. 

Transfer of property is executed via a transfer deed which will be signed by the parties and then lodged with HM Land Registry. If a party refuses to sign, then the court may execute the transfer deed (Form TR1) itself under section 39 of the Senior Courts Act 1981, which will be treated as if it was signed by the relevant party.  

In circumstances where the property to be transferred is subject to a mortgage charge, then the mortgage providers consent will be required.

If you are considering or going through a divorce and you are interested in transferring the ownership of your home, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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