Hi qzhao24,
A form 17 is an election where property is held jointlly by a husband and wife where a 50/50 split is not apprpriate because other factors mean this is not accurate and the property is in fact owned in unequal proportions and should be based on the individual facts.
A form 17 also cannot be backdated.
Please see our trust manual regarding this
TSEM9842 - Property held jointly by married couples or civil partners: Form 17 rule
So if the property is jointly owned then the default position is a 50/50 automatic split.
However this would not appear to be the case here if the mortgage is not in joint names but we do not know the full circumatances so cannot comment further regarding this.
As the property is based in the US we also cannot advise further regarding the possible transfer of the asset as that could be impacted on by US tax legislation.
Thank you.