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Topic:
Divorced long ago but house never transferred... (4 Posts)
Started By:
Date:
07 March, 2018 05:43PM
Divorced long ago but house never transferred...
FFARCB - 07 March, 2018 05:43PM
I was divorced ten years ago and the family home transferred to my ex wife. She took over the mortgage and I've had nothing to do with it since.

I've recently learned that she never put the house into her name and has continued making payments in my name, probably to take advantage of the existing mortgage and to not have to reapply.

As the 'owner', do I still have any rights over the property? Or an interest in the capital gain of the property over the past ten years?

And on the flip side, do I have any liabilities such as tax etc?

I thought this was all done and dusted years ago so it has come as something as a surprise!

Thank you.
Re: Divorced long ago but house never transferred...
davidterry - 07 March, 2018 06:38PM
>>As the 'owner', do I still have any rights over the property?

None whatever. Your ex wife is the beneficial owner of the property and you have no beneficial interest in it whatever. Assuming, of course, that there was a court order or some formal written settlement which transferred your beneficial interest to your ex wife. If there was you hold your bare legal estate in the property in trust for your ex wife as the beneficial owner.
Re: Divorced long ago but house never transferred...
FFARCB - 07 March, 2018 08:22PM
Thanks, that's as I guessed.

Does this therefore mean I also have no capital gains tax liability as I am not 'gaining' anything?

There is no reason (as I see it) why the property should not be transferred, as it should have been years ago, but will this have any tax implication?
Re: Divorced long ago but house never transferred...
davidterry - 08 March, 2018 11:12AM
You have no rights over the property and no liabilities such as capital gains tax either because you haven't made any capital gain. If there is a court order in place which provides for a transfer of the property into your ex wife's sole name that order can be enforced. However, it would be sensible to ask your ex wife first when she intends carrying out the transfer.
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