Been married for nearly two years and now we are divorcing and wife is returning back to her country in August 2009 and leaving a 20month child with me.

I brought a house in 2007 on my sole name through Halifax and then in Nov 2008 my mum had to remortgage her own property and provided £35000 deposit to buy another house which is on my wife’s name through Birmingham Midshares.

The agent stated that if tried to get a mortgage with the same company then I would have to pay a government tax of 20% as it’s the same company. So he tried on my wife’s name and we got a mortgage.

My wife no longer has any interest in the property and wants to transfer the deeds and mortgage on to my name. I called the Mortgage company Birmingham Midshares for advice and they say they can not transfer deeds or mortgage. My financial advisor has said the same; they have said the wife would have to sell the house to me.

Wife has stopped her monthly mortgage payments and insurance.

What can I do to get my house back on my name?

Can the court transfer the house on my name as I’ll have custody of my child? I’ve heard the court can transfer the deed if a parent has a residency order?