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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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Hi, my ex hiusband and I divorced 18 months ago and I am remarried.

Customer Question

Hi, my ex hiusband and I divorced 18 months ago and I am remarried. We had two properties each with a mortgage that we were jointly responsible for. As part of our divorce settlement it was agreed that if and when the propertises were sold I would receive 99% on one property and 1% on the other and he would do the same . We have continued to pay the mortgages on each property and they are still in both our names. He has now been given 48hrs to live and we have no will . His father believes that the house that his son has 99% share of if sold belongs to him, my question is that if I am still joint on the mortage and I don't want to sell is that the case?
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.
Was this agreement turned into a formal court order - and which part of the Uk are you in?
Clare
Customer: replied 2 years ago.

Yes, it was issued from the court in Weston Super Mare and I live in Oxford

Customer: replied 2 years ago.


did you get my response. I have my court documents electronically would that help?


 

Expert:  Clare replied 2 years ago.
Hi
My apology for the delay
What does the Order say about when the properties should be sold?
Clare
Customer: replied 2 years ago.

hello i have attached the order below:


Attachment: 2014-07-10_140016_court_doc_for_sn.doc

Expert:  Clare replied 2 years ago.
Hi
May I assume that your ex has no children?
Clare
Customer: replied 2 years ago.

yes he has no children.

Expert:  Clare replied 2 years ago.
Hi
Your former father in law is correct - he (and your ex's mother) will indeed inherit that property under the Intestacy rules
However he would have to go to court to force the sale since there is no provision in the Order for this.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.


Clare thank you but my question is what do I do now. Things have moved on since we first spoke and my ex husband has died. As you are aware there are two mortgages in question split 99% 1% and vice versa . There is alsoa joint bank account that is overdrawnd by £2500 and a life insurance policy in his name that I pay the monthly charges for and I have no idea of the terms of this policy.


 


His fatjher is unaware of all of this but will need to be made aware pretty quickly. I also do not want to pay the mortgage on a property that is only 1% mine and I want his name removed from the mortage that is 1% his, What do I do next please?

Expert:  Clare replied 2 years ago.
Hi
At this stage I suggest that you contact the Mortgage company for the property you are keeping and see if you can take over the mortgage.
You need to see his father and explain the finances so that he can deal with obtaining Letters of Administration
Clare

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