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My Ex Wife Wants Transfer Of Equity Of The Property, Does That Mean One Has To Buy The Other Out?

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    Transfer of equity means that the deeds of the property need to change names.  In this case the it means one of you 'buying' the other one out.  This can happen either way and you need to find if she means she wants to buy you out or if she wants you to buy her out.  This normally means that the person being taken off the mortgage having aprt of the equity left in the property i.e. the value left in the property after your mortgage balance has been taken off.  Normally it is a 50/50 split, but this all depends on what you agree to.  Normally it is settled in divorce proceedings, so if you have nor got your mortgage finalised yet, this needs to be taken into account.  What can ben taken into account is if one person is being left with any children, any future maintenance for the children (a court will always try to keep the children in the house with the parent they are with and may mean the other person has to agree to take their share of the equity when the children are 18).  Also taken into account maybe things like how much each person has paid towards any mortgage, but if the other person has had to stay at home to care for children this will also be taken into account.  Basically I would ask your divorce solicitor for advice.  Please bear in mind there will be fees from your solicitor for the transfer itself, and if you stay with your existing mortgage lender they will also charge you.  If your existing lender will not lend enough another one may lend more, but beware if you are in penalties on your existing mortgage.  I know its alot but I hope it helps!
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    Rsetford 

    answered 3 years ago

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