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: 33954
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

My x wife and I took out a morguage for 25 years. After just

Resolved Question:

My x wife and I took out a morguage for 25 years. After just 4 years she went off with another man and left me with the morguage and 2 kids .I PAID THE MORGUAGE FOR THE NEXT 21 YEARS ON MY OWN.. Is she entitled to claim any part of the house?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
When was the Decree Absolute and was a Financial Order made at the time of the divorce.
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

The house was worth 21,000 at the time of divorce.I finished off the mortgage now its worth about 250,000 thousand.No a financial order was not made.My x wife said verbally that her share shoud go to our 2 children

Expert:  Clare replied 2 years ago.
Hi
How much was the mortgage?
Clare
Customer: replied 2 years ago.

The mortgage was for 21,000

Expert:  Clare replied 2 years ago.
Hi
Just to check - the property is held in your joint names?
Do you know where your ex is now?
Clare
Customer: replied 2 years ago.

Yes she remarried and lives in a village 6 miles away

Expert:  Clare replied 2 years ago.
Hi
have you asked her to sign the property over to you?
Clare
Customer: replied 2 years ago.

I did once and she just said my children will get her half.My children will get my part as well.Just want to know if she ever changes her mind how much could she claim.No she will not sign it over.

Customer: replied 2 years ago.

I mentioned it about a year ago she said there is no need as her share would go to the children

Expert:  Clare replied 2 years ago.
Hi
In general terms would you be willing to accept her share being transferred to the Children's names now?
Clare
Customer: replied 2 years ago.

No it will mean me selling the house.In the end the children will get all the house I just want to know if I decided to sell the house what would her share be

Customer: replied 2 years ago.

To do that I would have to sell the house.My children don't want me to sell the house I don't want to sell the house.My x wife is not pushing me for her share I don't think she would ever do that.But one day she might change her mind. All I would like to know is what percentage she is entitled to if she does change her mind .

Expert:  Clare replied 2 years ago.
Hi
In fact it would be possible to have the house transferred either into your sole name backed by a Declaration of Trust confirming that i fit is ever sold then half of the equity goes to the children; or for the property to be transferred into your joint names backed by a Declaration that states that the property cannot be sold unless you request it.
You may wish to consider doing this to protect your position in the event that your ex does change her mind
As things stand your ex is entitled to 50% of the equity - to decrease that you would need either her agreement or an Order from the Court.
It is possible that a court could reduce her share - say to 30% or so - but not less and even that is not guaranteed
In addition there is also a possibility that you currently own the property on the basis that whichever of you lives longest automatically owns the whole of the property - this is called holding it as Beneficial Joint Tenants.
It is because of this that an option that settles the fact that the children will benefit from her share could be worth considering
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters