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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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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My husband remortgaged our jointly owned home and bought another

Resolved Question:

My husband remortgaged our jointly owned home and bought another property in his name only. I stay with him at weekends and holidays but in the week am closer to work at our original joint named property.
I generate rent from 2 lodgers payable to husbands not joint bank account. I don't know if he has a will or not. We also have joint ownership of house in Spain although he did try to get power of attorney from me at one point in past.
The uk houses ours and his are both interest only mortgages he pays his I pay ours. He has 3 adult children and grandchildren who stopped contact with him having accused him of abuse 10 years ago. I have 3 adult children from previous marriages. We've been together over 20 years of marriage. 2009 I discovered he had affair and at same time he told me leaving me, wanted to keep spanish house, would sign over our house to me and wanted 100k equity to move to his place. Years ago I inherited 60k from death of parent and only gave him 9k and paid for high season holiday for family. I has a grudge - I should have shared 50-50. He earns much higher salary than me. He stopped giving me a housekeeping allowance shortly after his children all left but paid mortgage and utilities. We still have a marital relationship but don't know if he has a will.
Where do I stand re house his name only should I outlive him?
Both houses in uk currently values each at 250k his house interest only mortgage and few more years to run on Spanish mortgage.
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 outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
Thank you for prompt reply, our joint owned house has a. Interest only mortgage now remortgaged in 2009 for 12 years he took 100k and I guess that's about what has to be paid back at end. I can't afford a repayment mortgage my income is small.
I want to continue with the marriage rather than divorce. I have no idea how much his mortgage is or how much he's actually paid. All I know is he told me he's got interest only mortgage too. I am 61 he is 60. The house in Spain is in negative equity bought for about 300,00 euros and worth half on current market. Mortgage taken out in 2003 I don't know for how many years but he tells me he pays approx 1000 euros a month mortgage and few years to run. I hope this helps. I feel insecure and can't trust him after his affair and the remortgage thing. He says we can sell up eventually and buy a bungalow but how can I trust it would be in joint names. I just need to know what I have claim to should I outlive him.
Expert:  Clare replied 2 years ago.
Hi
In the event that he dies without making a Will you will receive the first £250,000 of his assets EXCLUDING the properties held in joint names
This will mean that you are likely to receive the house held in his sole name.
Since you live there at weekends and during the holidays it is clearly a Matrimonial Home and you can Register your Matrimonial Home rights on the property using the form here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352448/HR1.pdf
If he has made a Will and excluded you then you will be able to make a claim against his estate
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you again, I didn't understand what you meant by excluding joint joint properties would I lose them or they become mine? The entitlement to 250 of assets what if house valued at more could his children throw me out as I would want to sell it and move elsewhere.
Expert:  Clare replied 2 years ago.
Hi
My apologies
It is not an entirely straightforward process and I did not make it clear
The properties that you own jointly will almost certainly pass to you on his death by 'right of survivorship" - unless there has been any paperwork that has changed that.
So only the assets he has OTHER than those properties would count towards the £250,000. If the house is worth more than that then you may well have to sell it.
HOWEVER you could also claim that half of the equity in the house in his sole name was yours anyway as the matrimonial home was re mortgaged to pay for it
Clare