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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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IF AFTER 20 YRS OF PAYING A MORTGAGE ON MY OWN,MY EX HUSBAND

Resolved Question:

IF AFTER 20 YRS OF PAYING A MORTGAGE ON MY OWN,MY EX HUSBAND AS RE MARRIED AND I HAVEN'T, HE IS STILL ON THE DEEDS AND IS NOW TRYING TO CLAIM HALF THE PROPERTY VALUE. HOW DO I STAND ? THANKS
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I can help you with your question. First I need a bit more information:

• when did you marry, and when did you get divorced?
• if earlier than the above, when did you start living together?
• can you confirm that there is no financial order?
• if there was no financial order, was there any kind of financial agreement at the time you separated/divorced, or perhaps since then?

.
Customer: replied 3 years ago.


Married in 1971 divorced in 1995 seperated in 1993 , my eldest daughter was 18 and youngest13. she stayed on at school /collage untill 18.


 


No help at all from him at all so it was all down to me. only agreement was to keep a roof over my daughter's head untill she left school. she is now 32 and i'm still paying the mortgage.

Expert:  familylawexpert replied 3 years ago.

Thank you.

Do either of you have any other assets (as far as you know about him), including pensions?

Did he have any savings etc when you separated, and did you?

.
Customer: replied 3 years ago.

No, to both. I think i said earlier he's now re married owning their own home. I did hear somewhere if he remarries ,he has to marital claim on me !! ?

Expert:  familylawexpert replied 3 years ago.

His potential claim in respect of the joint property is not changed by the fact of his remarriage.

Unfortunately I think that it is possible that he might have a claim, at least in respect of a portion, although perhaps not half.

Two further questions:
- have you been paying the mortgage on a repayment basis, or interest only?
- do you have any idea what the equity might have been when he stopped paying the mortgage?

.


Customer: replied 3 years ago.


Hi, i'm paying a repayment. equity in property when he left was £20,000. I still owe just over £5,000 we were only paying the mortgage together for 5yrs when he went. I have always worked ,just taking time out to have the children ,had to take early retirement 3yrs ago due to having back surgery.

Expert:  familylawexpert replied 3 years ago.

Thanks. Hopefully the final question - what was the house worth at the time that he left (when the equity was £20k)?
Customer: replied 3 years ago.


Approx £ 50 k as you say

Expert:  familylawexpert replied 3 years ago.
I am concerned on your behalf that there is a real danger that he could have a substantive claim in respect of part of the house equity. On the other hand, you have clearly met the mortgage for a very long time after he left.

Arguably, he had an interest in one-half of the £20k at a time when the house was worth £50k, which would be 20%. You might have a decent chance of restricting him to that proportion of interest in the current equity.

I would recommend that the two of you explore possible mediation options first of all, to see if there is any scope for agreeing without court action.
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