How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Good afternoon I have my matrimonial rights registered against

Resolved Question:

Good afternoon
I have my matrimonial rights registered against my property, i am not named on the mortgage or the deeds as my ex husband refused to put my name on either. I am financially responsible for the property the only input my ex had was his name on the mortgage. I have all financial records to show that i have paid everything from the deposit to the building insurance, mortgage etc he has refused to pay a penny from the on start.
What i am wondering is am i able to sell the property without his consent ( he has recently got married again ) or if i need to apply to the court to have an order in place as no finances were settled during our divorce as i was not even aware i was divorced.
Many thanks
Tracey
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.
Where and when did the divorce take place?
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

The divorce took place last May 2013 at Maidstone county court.


 


The property is worth approx. £190,000 - £200,000 quick sale £180,000


outstanding on the mortgage approx. £170,000


 


As stated I have paid everything all records to show, plus a declaration of trust signed by my ex to state im to receive my money back first before he can take anything from the sale of the house

Expert:  Clare replied 3 years ago.
Hi
The fact that there is a Declaration of Trust is good news as otherwise there could be problems.
Were you not served with any paperwork in the divorce?
What other assets and debts do you each have?
Clare
Customer: replied 3 years ago.

I received no paper work at all, I was only told about the divorce when my ex sent an email saying I should of turned up. I informed the court I was representing myself but they still sent the papers to a solicitor who destroyed them. I only received my decree nisi once I asked for a copy from the court.


The only asset I have is my car which is on HP, from what I understand my ex and his new wife own a villa in Portugal which they paid cash for and now renting it out to holiday makers, my Ex has a new car, plus he has been left his parents house once they pass away. His wife also owns a house.


Debts I have are a credit card, My ex owes me £70,000 which he obtained from me under false pretence's again I have all the records to show this.


My ex husband has declared himself bankrupt. They have told me they are not interested in the property as there is not enough money in it

Expert:  Clare replied 3 years ago.
Hi
How long were you living together?
How much do you each earn?
Clare
Customer: replied 3 years ago.

We have never lived together he remained living with his parents in another county.


I earn £20,000 per year I do not know how much he earns.

Expert:  Clare replied 3 years ago.
Hi
So how long were you married?
Clare
Customer: replied 3 years ago.

we


 


Hi Clare


 


We married in 2007 and divorced in 2013, the house was bought from the sale of my own house that I owned outright, the property in question was bought on 2006


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
Given that the money came form you why was your name not on the deeds?
Clare
Customer: replied 3 years ago.

he was a very controlling person who said he would add my name to the deeds and mortgage when the time was right, like a fool I trusted him


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
Could you now get a mortgage in your own right if need be?
Clare
Customer: replied 3 years ago.

Good evening.


 


Yes I would be able to get a mortgage on my own if need be.


Tracey

Expert:  Clare replied 3 years ago.
Hi
Do you wish to sell the house or just have it transferred into your name?
Clare
Customer: replied 3 years ago.

Hi


 


I want to sell it and I believe he should not be entitled to any equity that maybe in the property.


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
I would agree.
Have you asked your ex to agree the sale?
Clare
Customer: replied 3 years ago.

He states he wants all the monies that may come from the sale, leaving me and our son without a penny


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
How old is your son?
Clare
Customer: replied 3 years ago.

Hi


 


My son is 11.


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
Just to check - you never lived with your ex?
Clare
Customer: replied 3 years ago.

Hi


 


No we have never lived together before or after the marriage.


 


Tracey

Expert:  Clare replied 3 years ago.
Hi
Your next step is to issue an application within the divorce proceedings for the Financial issues to be dealt with
This is done using this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and paying the fee of £245.
Within those proceedings there will have to be full financial disclosure and I would expect there to be an order that the house is transferred into your sole name
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you