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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I My ex partner bought a house in Kent in 1999. We met

Resolved Question:

Hi,

I My ex partner bought a house in Kent in 1999. We met 2 years later and he moved in with me in my rented flat in London in 2003. In 2003 I purchased my flat from the council and he bought a family home for us all (him, me and my two children.) in London When we moved in together he rented out his house and I rented out my flat. Finances were joint. In 2004 we had a son. We decided in 2007 to move out of London and make the house in Kent our family home and sell the other properties.

After a week of moving we split - as he had accommodation with his work in Milton Keynes and I had the children we agreed that I would stay in the house in Kent, as I had supported him through his masters and he had a better job as a result and I had a part-time job where I was paying all of the other bills he agreed to pay the mortgage for a couple of years.

During this time there had been issues of repossession as he was not paying the mortgage. This was eventually sorted out but it happened again some months later. I arranged to pay half of the mortgage but direct to the mortgage company which I done (he had given me the mortgage account details). As this was mine and the kids family home and my ex did not have any money I carried out any work that needed to be done and decoration. For example a shower unit he asked me to sort out this arrangement continued until 2011.

In 2012 my current partner moved in with me - we spoke to my ex who agreed to us taking over the full payments of the mortgage which was paid via my partners account straight to the mortgage company and which we continue to do. We also have had to do extensive repairs as windows were falling out and the boiler keeps breaking to which we continue to fix. It was part of the arrangement that we would sort out any repairs which again was all verbally agreed. My partner and I married last year.

My question is do I have any legal rights to the house?

Can my ex sell the house to someone else without a written agreement of me living there (I have never been a tenant and have never signed any documentation to waive any rights to staying in the property)

Are there any ways the mortgage can be transferred or me added to the deeds of the property.

If I was added to the deeds what does that make me liable for? When I got pregnant with our son (who is now 9), I was very ill and couldn't work which meant that we ended up in debt. He has a creditor that has a charge on the house to the value of approx. £4000

If I was on the deeds, can my ex be taken off at some point?

Can my ex re-mortgage without my knowledge? Apparaently the mortgage company knows that I live there and he doesn't.

I know there are a few questions and this is a complex situation but would appreciate any help. Please let me know if there is an added fee for all of these questions.

Many thanks.
Nicole
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


I believe the settlement figure for the mortgage is approximately £125,00 and the value of the property is about £150,000.


 


Thanks

Expert:  Clare replied 3 years ago.
Hi
Have you asked if you can purchase the property from your ex?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


The original plan was to try and purchase the property but as my husband is self employed and doesn't have full years accounting records we may have to wait a few months before this can be done. My ex is in a hurry to sell or mortgage the property as he has his own financial issues and he has never really been interested in the property since he left to move to London. Before we purchased the property I really wondered the legal rights I may have to the property and what my ex was allowed to do with the property in this situation.


Nicole

Expert:  Clare replied 3 years ago.
Hi
What income do you and your partner actually have?
Clare
Customer: replied 3 years ago.

My partner's income is approximately £90,000. Last year my income from the business was minimum, approx £5000 pa +dividends of approx £6000


Nicole

Expert:  Clare replied 3 years ago.
Hi
That is a substantial income - are you certain that you cannot raise the mortgage?
Clare
Customer: replied 3 years ago.

This is his first year of trading so we would like to be certain this is a typical income - we would also ideally like to raise some deposit as due to my husbands age we could only really get a mortgage for 15 years. I cannot get a mortgage due to previous ccjs.

Expert:  Clare replied 3 years ago.
Hi
Your ex is under a duty to help you house his child until that child is 18 - however the fact that your husband is now living in the property and has a substantial income means that a court would not regard it as reasonable for your ex to have to wait any longer for his funds from the property
The fact that you have paid half the mortgage and have paid for the repairs to the property does give you a financial interest in the equity - not a large one but sufficient for you to negotiate some discount on the equity that you have to pay your ex - say £15,000 rather than £25,000 - maybe a little less - but if your ex chooses to take action now there is little chance of the court being willing to delay settlement
You need to Register your interest in the property with a restriction to ensure that he does not sell or re-mortgage the property without your knowledge.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare this is very useful, can you just explain how I would register my interest?


 


Thanks,

Expert:  Clare replied 3 years ago.
Hi
I am on my iPad at the moment and aged eyes make it hard to find the right page - but I will send you the link later
Clare
Customer: replied 3 years ago.

Many thanks

Expert:  Clare replied 3 years ago.
Hi
http://www.landregistry.gov.uk/_media/downloads/forms/RX1.pdf
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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