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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 am divorced. House worth £235000, Mortgage £135,000. She

Customer Question

I am divorced. House worth £235000, Mortgage £135,000. She has 2 children from previous relationship, I have 2 from 1st marriage. Hers are 11 and 17. Mine are 10 and 13. She is living in the marital home. ( 4 bed detached) I am having to rent. I want my name off the mortgage so i can apply for a mortgage for myself so I can get back on the property ladder and have somewhere permanent for when the children stay with me. What are my options? Can i force her to sell and split the equity as she doesnt need a property of that size?

Would the court order a property adjustment if she did not agree?

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
What were your respective housing positions prior to the marriage?
How long were you living together and how much would a three bedroom property in the same general area cost to buy
Clare
Customer: replied 1 year ago.

Hi Clare,

I had a house that I had to sell from my 1st marriage, Had very little equity in it though. She sold her house and put £100,000 down on our new house. We lived together for 12 months in her house then 18 months in the new house.

3 bedroom property would be in the region of £130-150,000.

Thanks

Simon

Expert:  Clare replied 1 year ago.
Hi
What mortgage capacity does she realistically have?
Clare
Customer: replied 1 year ago.

I think she gets around £26000

She gets mainetenance of her ex partner for children and I would assume she gets working tax. She also owns an apartment in egypt outright and half of another one.

Expert:  Clare replied 1 year ago.
HI
What capital did you bring to the relationship?
What settlement have you asked for?
What income do you have?
Clare
Customer: replied 1 year ago.

I had no capital :(

i have not asked for any settlement yet

my annual wage is £36000 but I have to pay £600 rent plus bills and £300 child maintenance to my first wife

Expert:  Clare replied 1 year ago.
Hi
Yours is a short to medium length relationship and your ex brought all the capital to the marriage - and still has a dependent child.
This makes your financial claim on the property very limited.
However if the house was sold your ex would have sufficient funds to rehouse herself and the children and you would be released from the mortgage
On that basis you can negotiate a sale - or seek a court order - but your share of the equity would be very limited
Your starting point is to try and negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi

There is now way she or me would agree to mediation. Horrific relationship. I was going to send this in a letter to her:

After seeking legal advice, I request a ‘clean break’ and that my name to be removed from the Mortgage of 10 King Oswald Crescent and any Bank Accounts.

You can apply to the bank for a ‘deed of transfer’. I have spoken to the bank and all you have to do is give them a call.

I need to be able to provide accommodation for my children and I am unable to apply for a mortgage whilst my name is ***** ***** the deeds of 10 King Oswald Crescent.

I am sure you will agree that it is in the interest of all concerned.

You should have no problems financially being able to secure the mortgage in your name only.

The only other option available is to sell the property, which would then release me from the mortgage. There is between £120,000 -£135,000 worth of equity in the property, which the court can decide what is a fair split financially.

(Property adjustment order)

If you do not agree or you think my proposal is unsatisfactory, I will withdraw the offer and we will have to let the court decide what is deemed fair.

If I have not heard how you intend to proceed with 2 weeks from the date of the letter I will have to instruct my solicitor to take matters further.

Please reply to the address at the top of this letter.

Expert:  Clare replied 1 year ago.
Hi
You will need to attend a Mediation Information meeting prior to any court application being issued - the mediator will no doubt assess it as not suitable for mediation anyway
However appalling her behaviour it would be much much better for you to reword the email so that it comes across as much more of a presentation of two options and asking for her preference - this will win you more sympathy from the court if it gets that far
Clare
Customer: replied 1 year ago.

Ok

What about this:

Dear Miss Carr,

After seeking legal advice, I request a ‘clean break’ and that my name to be removed from the Mortgage of 10 King Oswald Crescent and any Bank Accounts.

Option 1:

You can apply to the bank for a ‘deed of transfer’. I have spoken to the bank and all you have to do is give them a call.

Option 2:

Sell the property, which would then release me from the mortgage. There is between £120,000 -£135,000 worth of equity in the property, which the court can decide what is a fair split financially. I am aware you put the equity into the property. For this the court would insist we went to mediation.

Can you please let me know as a matter of urgency how you intend to proceed .

I am sure you would agree it is the best interest of all concerned to resolve this amicably and swiftly.

Please reply to the address at the top of this letter.

Yours,

Simon Nolan

Expert:  Clare replied 1 year ago.
Hi
Much better!
Clare
Customer: replied 1 year ago.

Thanks Clare, I will post out tonight. Laughing

Expert:  Clare replied 1 year ago.
Hi
You are most welcome - good luck
Clare

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