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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My mother is putting money into a part rent part own flat for

Customer Question

My mother is putting money into a part rent part own flat for me after my marriage split my husband initially agreed to sign an agreement stating he would not attempt to take money from it but is now not so sure where do I stand the property would be in my name
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

Until a divorce petition has been filed at court, the court has no powers to make any orders regarding money or property - and even then, only after one person has applied to court and the court has considered everything in detail. So that means that your husband cannot get access to any bank account or property in your sole name at present - but neither can you get any monies or share of any property that is in his sole name

UNLESS

you do it by agreement.

You could negotiate an agreement either between yourselves or via solicitors' correspondence or via mediation - which is cheaper than going to a solicitor.

Here's where to find a family mediator near to you:

http://www.familymediationhelpline.co.uk/find-service.php

Any negotiation woudl need to be on the same basis that a court would decide the issue, or you risk the agreement being overturned by the court if one perosn applies to court at a later date.

The house wouldn't be considered on its own, but as part of the overall total of matrimonial assets, which are everything owned by you, everything owned by your husband, and everything you own jointly.

If you'd like me to go into more detail, then please let me know the following:

How much is the house worth and how much will the total mortage be? What percentage share of the property will your mother own?

With regard to the house you lived in as man & wife, how much is that worth, and how much is the total mortgage outstanding?

What other assets and debts are there?

How much income do you each have from all sources?

If you have any dependent children, who has the day to day care of them?

 

 

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

 

 

Customer: replied 2 years ago.

house - part rent and part buy mum paying £60,000 but will be in my name other half rented


present home rented i pay rent and bills


no other assets


debts - he has £10,000 and I have £4,000


I earn £19,675 per year he earns £10,000 but does not declare it all as he is self employed


I have one dependent child age 16 lives with me


we have been married under 4 years

Expert:  UKfamsol replied 2 years ago.
Can I just clarify - regarding 1/2 the house you are buying with your mum's £60,000, what is the value of that 1/2? Is it more than £60,000? (This is so that I can work out what the equity in the property is). Is there a mortgage as well? If so, what is the total mortgage?

Will your mother have a charge in her name against the 1/2 share in your name? or a deed of trust stating that you hold the property on trust for her?

And can you confirm that neither of you own any other property? or have any savings or pensions?
Expert:  UKfamsol replied 2 years ago.

I see that you have looked at my initial answer but not accepted it. Is there anything that is not clear or you feel I have not answered? Otherwise I would be grateful if you would kindly now accept my answer so that I can be credited for my time.

You've also given me some additional information but I need some clarification to take this information into account. It's fine if you don't have this information - but if you don't have it then I would be grateful if you would kindly now accept my answer so that I can be credited for my time.

Thanks and best wishes...

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