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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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there, I need some good legal advice. My husband is from

Resolved Question:

Hello there, I need some good legal advice. My husband is from Sri Lanka and he remarried 5 years ago, without getting divorced from me. He left me to deal with all financial matters and since then I have struggled to cover mortgage, which is in joint names with him, but somehow I have managed. The property is still in negative equity.
He refused to consent to a divorce after 2 years so I have had to wait the 5 years. I want to go ahead with a divorce but want to get his name off the deeds for the property. He claims he is still entitled to half of any equity and yet he has not contributed.
He also claims the property is his son's rightful inheritance ( with his his new wife) !
I simply do not have the funds to employ a solicitor so feel I am stuck between a rock and a hard place.
Can you advise please?
Thank you
Korinne
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 property worth and how much is outstanding on the mortgage?
What other assets and there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hello Clare and thank you for getting back to me and helping with this.
At the last valuation, the property is worth £210,000 and the outstanding mortgage is around £220,000.
I had other property when I met him and sold some to invest in the gemstone business we had together, my parents also invested in gem stones. He took all of the gem stones when he left, valued at around £75,000. He also owns property in Sri Lanks and made it clear I am not entitled to a claim in this (I would not want it anyway).
He did not want to live in the UK and we were going to live in Ras Al Kaimah, UAE, so I remortgaged 2 properties and sent the money to the UAE. This is now all list as we were unable to complete.
I remortgaged the property in question at 3, Richmond Road, and another one, a flat at 16 Lansdowne Place, Hove (this is rented out to cover the mortgage). Both were previously in my name only and these were remortgaged in joint names but my husband has never paid anything since he left. Prior to that, the mortgages were paid from drawings from the business.
I also have 2 more properties in my own name, one is Blatcjington Cottage in Seaford Hove (this is rented out to cover the mortgage) and another in Spain that is only in my name and hugely in deficit, with a mortgage. This is not rented out and so I have to cover the mortgage and management fees, although I am struggling to manage this.
I have no other assets as I have had to manage all of the above on my own and I am self employed so do 5 different things to survive.
I look forward to hearing from you.
Kind regards,
Korinne
Expert:  Clare replied 2 years ago.
Hi
So just for clarity - there is no equity at all in the property held in joint names?
Will you be able to obtain his release from the mortgage?
Clare
Customer: replied 2 years ago.
There is no equity in the property at***** He had previously agreed not to claim anything g from the other In Hove as I had owned since long before him. I believe there would be equity in the Seaford Cottage, however, I had to take out an IVA when I was struggling to maintain everything and so I am unable to sell this for another 5 years at least.
Kind regards,
Korinne
Expert:  Clare replied 2 years ago.
HI
How long were you living together and how long were you married?
Clare
Customer: replied 2 years ago.
We lived together in my house from Feb 2003, got married in Sept 2003 and he left around Feb 2010
Expert:  Clare replied 2 years ago.
Hi
Have you issued the Divorce Petition?
Clare
Customer: replied 2 years ago.
Hi Claire,
No, not yet. Wanted to seek advice first
Korinne
Expert:  Clare replied 2 years ago.
HI
There is no reason to delay the petition - the sooner you do it the better you will feel.
There is no equity in the joint property so he has no claim on it - so if you can obtain his release form the mortgage then it woudl be sensible to seek the transfer of the property into your sole name as soon as possible.
The relatively short nature of your relationship and the monies he has already received makes any further financial claim on you unlikely to succeed.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare,
Thanks for your reply. I have tried to get him to sign over the property and he refuses. He said he 'will allow' me to keep the property until it comes into positive equity and the. I have to sell it and divide the equity! Of course I have told him that I would have to deduct his share of all the mortgage payments since he left and he refused and went into radio silence. It is extremely difficult to get him to agree to anything.
Please advise where I stand and can I apply without his consent?
Thanks,
Korinne
Customer: replied 2 years ago.
Hello again Clare,
I replied to your last meeting but have only received an email asking me to rate the service?
Please see my last email again below ....
You replied
04 April 2015 03:41 EST
Hi Clare,
Thanks for your reply. I have tried to get him to sign over the property and he refuses. He said he 'will allow' me to keep the property until it comes into positive equity and the. I have to sell it and divide the equity! Of course I have told him that I would have to deduct his share of all the mortgage payments since he left and he refused and went into radio silence. It is extremely difficult to get him to agree to anything.
Please advise where I stand and can I apply without his consent?
Thanks,
Korinne
Edit
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Once the divorce is underway then you can apply to the court for the family finances to be dealt with - including the transfer of the property into your sole name - assuming that he can be released from the mortgage.
Clare
Customer: replied 2 years ago.
Hi Clare,
Thank you, ***** ***** it is the Easter Holidays and you have replied.
OK, I will start the divorce petition then. How straightforward do you think it will be to get the properties transferred into my name without anything signed or agreed from my husband? Also, do I need to know anything about how to approach the mortgage company about doing this?
Thank you,
Korinne
Expert:  Clare replied 2 years ago.
Hi
Once the Decree Nisi has been granted then you can apply to the court for the finances to be dealt with if you decide you wish to do that.
You can approach the mortgage company to discuss the position at any time
Clare
Customer: replied 2 years ago.
Thank you Clare,
I asked through Just Answer as a couple of advisors said I should be represented by a lawyer as my case is so complex. And yet, as you
have explained it, it seems very straightforward after all! My dilemma
has been about that really and the fact I don't have the funds to employ
a lawyer.
Is the Court likely to say my husband is technically entitled to half of
any equity? Or will they see it that he has effectively deserted me and
I can simply apply for the properties to be transferred over to me without
any agreement from him?
Also, should I divorce him on the grounds of desertion to support my case?
Thank you
Korinne
Expert:  Clare replied 2 years ago.
Hi
How many properties are in joint names?
Clare
Customer: replied 2 years ago.
Just the two I mentioned and the Lansdiqne place one only as I remortgaged to send money to Ras Al Khaimah and he agreed not to make a claim on this as I have owned it since long before I met him.
Expert:  Clare replied 2 years ago.
Hi
How much is that property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
hi Clare,
Last valuation on the Lansdowne Place flat was around £120k and mortgage is around £75k. I Don't have exact figures with me but thereabouts.
If you would rather respond tomorrow when you're back at work that's OK.
Thanks,
Korinne
Expert:  Clare replied 2 years ago.
Hi
That is fine.
From what you have said your ex has made no contribution to these properties - an din fact has already received a substantial capital sum from you.
That being the case then provided you can have his name removed from the mortgages it is likely that the court will be happy to Order the transfer of the properties into your sole name
Clare
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