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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My House is mine by financial divorce settlement, but my ex

Customer Question

My House is mine by financial divorce settlement, but my ex husband is paying the mortgage and it is in his name. I have only a declaration of trust to say its mine. What other legal documents do I need in order that my ex does not claim the house as his?
Submitted: 4 years ago.
Category: Family Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Was this an order of the court?
Customer: replied 4 years ago.

Yes, it was a court order that after paying the mortgage off that everything be transfered to me. My ex has been paying interest only and it was only last year he began paying the full amount. this is now over 10 years. 2022. He is in a position to make much larger payments over a shorter time tho. He is a property expert and I am worried he will know a loophole to get out of his commitment

Customer: replied 4 years ago.
Relist: Other.
I havent recieved any answer!
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
Do you know if the Declaration of Trust was Registered at the Land Registry?
What does the Order actually say about him paying the mortgage?
Claire
Customer: replied 4 years ago.

I dont think that the declaration of trust is registered at the land registry, do I need clarification of this? The Order says that he must pay off the mortgage and transfer the house in its entireity to me.

Expert:  Clare replied 4 years ago.

Hi Was there any time limit on this? Claire

My apologies I will be offline unexpectedly for the next three hours (or so) - please feel free to relist if this is a problem

Customer: replied 4 years ago.

will I recieve your reply after 3 hours?

Customer: replied 4 years ago.
Relist: Other.
The reply was a question not an answer
Expert:  Clare replied 4 years ago.
Hi
My apologies for the delay
Do you have a copy of the order and what exactly does it say about the time limit for paying off the mortgage?
Claire
Customer: replied 4 years ago.

The first court order says mortgage over 15 years. The second court order over 10 years.

Expert:  Clare replied 4 years ago.
Hi
What was the exact wording of the second order relating to the mortgage and when was that Order made?
Claire
Customer: replied 4 years ago.

Order dated 12th December 2011. Wording as to' redeem the said mortgage in its entirety by January 2022' and upon redemption of the mortgage, the respondant undertaking to the court to transfer all his legal estate and beneficial interest in .......to the Applicant.

Expert:  Clare replied 4 years ago.
Hi
Do you know the Title number of the property (it may be on the order)
Claire