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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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We lent our son and his wife £100,000 to buy a house. they

Resolved Question:

We lent our son and his wife £100,000 to buy a house. they are now getting a divorce. Our names are ***** ***** deeds as a second charge. They have 2 children. What are our rights? Can we get the money back if the house is sold?
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 house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

Hi Clare


 


The house is worth about £220,000 and there is £100,000 outstanding on the mortgage. In effect the equity is what we put in. The house was bought 22 months ago.

Expert:  Clare replied 3 years ago.
Hi
Is it likely that a sale will be agreed?
Clare
Customer: replied 3 years ago.

That's an interesting question!!!!


 


my feeling is that as she is a self employed photographer she will want to hang onto the house and use the children as her ace card.


They have only been married for 4 years and it is our daughter in law who has gone and had the affair with someone else but I don't believe she will be willing to give up the children.


If the house is not sold and our son refuses to pay the mortgage (he has just quit his job) then I guess ultimately we would be looking at a repossession although our ideal is for the house to be sold before we got to that stage

Expert:  Clare replied 3 years ago.
Hi
If she remains in the house with the children and is able to pay the first mortgage then you will have to wait for your money until the house is sold - probably when the youngest child is 18 or your daughter in law cohabits.
When the house is sold then the proceeds of sale, after discharge of the first mortgage will come to you to discharge your Charge on the property.
Obviously if the property is repossessed then the costs incurred and the fact that the highest price will not be paid by any purchaser may well mean that you receive less than the amount that you lent your son and his wife.
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
Customer: replied 3 years ago.

Thanks for the info. That's what we thought.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome
Clare