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UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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hi, feels like complicated situation. now clear that I need

Resolved Question:

hi, feels like complicated situation. now clear that I need to try to get ex out of house and live their with 2 daughters. complications are I chose to put his name on mortgage a long time ago, he will not do mediation, is verbally abusive even in front of daughters and unpredictable, still do not know reasons why this is. I am thinking of trying to sell off 1 third of house as a property to be developed in order to lower mortgage which is currently 190,000. my eldest daughter insists on staying in house as she loves it but wants me there instead of him. youngest is nine. as things were too much for me and he would not move out I chose to move into 6 month let which is where I am now, to rest and calm and plan. there is a lot to think about, not sure what first except talking to financial adviser about the size of mortgage I could get at this point.. any thoughts
Submitted: 1 year ago.
Category: Family Law
Expert:  UKfamsol replied 1 year ago.

Hello and thanks for your question.

I need a bit more information to be able to answer:

1. When you say “your ex”, do you mean that you were married and are now divorced?

2. You says that the current mortgage is £190,000- how much is the house worth? 3. What would a 3 bed house cost in the area where you want to live?

4. What is your annual income from all sources?

5. What is your ex’s income from all sources?

6. Are there any other assets or debts?

As I am at work, it may be this evening before I can get back to you.

Customer: replied 1 year ago.

1. not married, separated but living in same house since at least nov 2012, no legal input re this just verbal agreement, tried for the sake of family.

2. house worth approx. 235,000 from local estate agent. DIY needed and if done it may get more, but no money to do this.

3. P60 for me last year to april 2014, over £27,000, now less as not working extra, prob about £25,000 with room to improve with extra work if in a better situation re considering youngest and childcare.

and an overt request jan 2013 to divide work, house and money eually. he told me from jan2013 that he would give £500.00 pm and pay broadband

Customer: replied 1 year ago.

sorry sent before finished, cont;-

£ 3 bed house average bit more about 245,000? where the family home is now is a bit cheaper than other areas around brighton

5. Ex income, £6,000 gross last tax year, pretty similar for last 2 years before

6. I have loan now just over £9,000, can check exact re old deficit, and education course and money owed from him, £2,000 from jan 2013-2014, £900 to this September when I moved out

Customer: replied 1 year ago.

hello ? still need more info?

Expert:  UKfamsol replied 1 year ago.
Hello again and thanks for the extra info.

With regard to the house, there are two aspects to your situation:
1) what is to happen short-term 2) what is to happen long-term.

1) short-term. You want to get back in the house and you want him out. As he is being abusive to you - to the extent that you felt you had to move out, you may be eligible for a injunction which is a temporary court order called an occupation order. If granted by the court, an occupation order will temporarily suspend someone's property rights ie the right to enter and live in a property that they own. You would need to satisfy the court that your ex's behaviour was bad enough to justify this order and that the harm to your ex if he was made to leave would be less than the harm to you if you were not able to return to live in the property.

The order will last eg 6 months, or a year (rarely longer) in which time the court will expect a permanent solution to be found, either by agreement, or via a court order.

If your ex is or has been abusive towards you, you might want to talj through your experiences with Women's Aid. Their 24 hour help line is 0808 2000 247, website is:-

There is legal aid to apply for an injunction, but no legal aid to apply for orders in relation to the house.

2) long-term. Your preferred outcome is that the house goes back into your sole name, and your ex moves out. However, you cannot put the house into your sole name or sell it without either your ex's consent or a court order. You would also need to be able to afford not only the current mortgage, but also whatever sum is agreed or ordered to buy out your ex's share. According to the title deeds, as the property is in joint names, unless there was also a deed of trust specifying uneven shares drawn up at the same time, or the transfer document which added your ex's name to the title deeds specifies unequal shares, you and your ex currently own the property 50:50. As the equity in the property is £45,000, your ex's share is £22,500. (The equity is the value of the property less the mortgage secured against it, so in your case that's £235,000 - £190,000 = £45,000).

So - to buy out your ex, you would need to pay him £22,500. That means that you would need to raise that sum by remortgaging to £212,500. As your income is £25,000, your mortgage is 3 x £25,000 = £75,000, or at most 4 x £25,000 = £100,000, so you will not get a mortgage of £212,500.

You MIGHT be able to argue that you should have more than 50% of the equity, given that you owned the property in your sole name for some time before you added your ex's name to the title deeds, AND (I am guessing) that you alone have paid the mortgage - if so, then the amount you would have to pay your ex to buy out his interest in the property would be reduced - BUT you would still have to raise that money, and no building society is going to agree give you a mortgage of £190,000 in your sole name, let alone even more, given your income.

That means that if you want to sever all financial ties with your ex the property will need to be sold, but you still need his consent as the joint owner to do that - or you need a court order. And you won't be able to buy another property given your income.

As you were not married to your ex, the only asset that the court can make orders about is the family home, and the type of orders that the court make are limited. These are as follows:-
a) a declaration of property rights ie what percentage of the equity you each own. This might be quite relevant in your case, as you MIGHT be able to argue that you should have more than 50% of the equity - as I said above - BUT it is EXTREMELY difficult for an ex cohabitee to convince a court that they should have more than 50% of the equity if the title deed has both names on it. I would normally get a barrister to advise about this.

b) an order for sale, which can be suspended until the youngest child leaves home. If you want to stay in the house with your daughters, this is your best option - but it means that you will be stuck with him as joint owner, and he will be stuck with joint liability for the mortgage, until your youngest leaves school - but the order WILL specify that he is not allowed to enter or live in the house.

You said that your ex refuses to go to mediation. Mediation is a less stressful, cheaper and more informal way to resolve matters than going to court. Anyway, the family court now requires in non-injunction cases that the parties have attempted mediation before it will consider an application to court, so you need to make an appointment for yourself anyway, even if your ex won't go, so that the mediator can sign your application to court to confirm that you have tried mediation. If you do get an injunction (or you have other proof of domestic abuse), then you are exempt from the requirement to try mediation before making an application to court.

Here's where to find a local family mediator:-

I think you would benefit from some face-to-face legal advice from a specialist family law solicitor. Here's where to find one:-

I know that this is lot of information to take in but I hope it helps anyway.

I wish you the best of luck.

Thanks and best wishes...

UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
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