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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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i HAVE BEEN SOLELY PAYING FOR 2 MORTGAGES ON A JOINT PROPERTY

Resolved Question:

i HAVE BEEN SOLELY PAYING FOR 2 MORTGAGES ON A JOINT PROPERTY FOR THE PAST 13 YEARS, MY ESTRANGED PARTNER NEVER WORKED. WE HAVE NOW SPLIT AND I HAVE THE RESIDENCE ORDER FOR THE CHILDREN, SHE IS NOWHERE TO BE FOUND SO SERVING PAPERS IS DIFFICULT WHAT IS THE PROCEDURE FOR TOLATA FOR ME TO CLAIM THE MAJORITY SHARE OF THE PROPERTY.
i REALLY NEED TO CONSOLIDATE THE TWO MORTGAGES BUT AM UNABLE TO DO SO WITHOUT HER PERMISSION, AS SHE HAS LEFT NO FORWARDING ADDRESS THIS IS PROVING VERY DIFFICULT
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.
How much is the house worth and how much is outstanding on the mortgages?
How old are the children and what steps have you taken to trace your ex?
Clare
Customer: replied 2 years ago.

THE HOUSE IS WORTH APPROX 200K, PROBABLY OWE AROUND 130K

THE CHILDREN AT HOME ARE

LAUREN 18 (I AM HER STEP FATHER)

REBECCA 15 ( I HAVE PARENTAL RESPONSIBILITY FROM BROMLEY COUNTY COURT (I AM STEPFATHER))

KYLE 11 (I HAVE PARENTAL RESPONSIBILITY FROM BROMLEY COUNTY COURT (I AM FATHER)).

WE HAVE HEARD THAT SHE IS IN JAMAICA AGAIN BUT NO FORWARDING ADDRESS.

THE LAST CONTACT WAS APPROX JULY 2014 WHICH ENDED WHEN I REQUESTED A POSTAL ADDRESS FOR HER

Expert:  Clare replied 2 years ago.
Hi
Were you married to her?
Clare
Customer: replied 2 years ago.

NOT MARRIED

Expert:  Clare replied 2 years ago.
Hi
How desperate is the Mortgage position?
How was the original purchase funded?
Clare
Customer: replied 2 years ago.

We took the original mortgage to purchase the house with Natwest

then stupidly I let her arrange a second mortgage with a loan company called swift which is a very high interest rate, this was to buy a car and construct an extension on the house.

Ciurrently they cost me £1500 per month which if it was consolodated I could possibly save 400-500 per month.

I really want her took off the ownership of teh house and have heard that through TOLATA in certain circumstances like mine the settlement can be as much as 90% 10% to the person whom has paid all the funds into teh property.

At present there is so much uncertainty and I dont want the kids to have the worry if anything was to happen to me, I was considering a notice of seperation, however this would give her an automatic 50% entitlement where I may be able to obtain a better settlement through TOLATA

Expert:  Clare replied 2 years ago.
Hi
Where did the deposit come from?
Clare
Customer: replied 2 years ago.

it was a 100% mortgage (no deposit)

Expert:  Clare replied 2 years ago.
Hi
Did she work whilst you were together?
Clare
Customer: replied 2 years ago.

no

never worked

I have provided everything

Expert:  Clare replied 2 years ago.
Hi
Just to check - at the time of the purchase was any agreement reached that you would have a larger share of the property?
Clare
Customer: replied 2 years ago.

NO

BUT SHE HAS NOT CONTRIBUTED FINANCIALLY TO ANYTHING IT HAS ALL BEEN PAID FOR FROM MY WAGES

Expert:  Clare replied 2 years ago.
Hi
Unless the mortgage issue is desperate then there is little point in starting any action.
Without your ex there to give evidence as to the original agreement the court is NOT going to vary the 50/50 basis on which the property is currently held.
If you can trace her then you do have a chance of securing a larger share - but 90/10 is simply over optimistic.
Given her lack of contribution and the fact that she then effectively abandoned the family then 75/25 could be achieved, but that is not likely to happen in her absence.
If the mortgage issue is desperate then the court MIGHT transfer the property to you on Trust for the pair of you - but only on a 50/50 basis.
Equally severing the Joint Tenancy is a two edged sword - at present of anything happens to your ex the house is yours as well as vice versa.
I am sorry I know that this is not what you wish to hear - but sadly this is the position that you are in
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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