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Ask Clare Your Own Question
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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My wife is divorcing me. we have a house which is jointly owned by me and my step son.

Customer Question

Hi, my wife is divorcing me. we have a house which is jointly owned by me and my step son... so I need to know what I am entitled to please.
Bought house March last year. We have a 20 month son together and she has contacted the CSA
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 long have you lived together?
How much is the house worth and how much is outstanding on the mortgage?
what other assets and debts ate there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare,

The house is valued at £197,217

outstanding amount is £147,103.

I last paid the mortgage in November 2014 stepson pays it now.

We have lived together for about 5 years. We rented for about 4 years before buying the house in March 2014.

We dont have any joint bank accounts or any savings and we have both have about £10k in credit cards debts. I earn £30k a year and she earns about £20k.Stepson earns about £30k.

Thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
Who paid the deposit and legal fees?
Clare
Customer: replied 2 years ago.

Halifax needed a deposit of £17,700.

Her dad paid £6500, My Dad paid £3k. towards deposit. I paid remaining and legal fees...havnt got exact figures yet,

Thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
Why is your wife not a joint owner?
Clare
Customer: replied 2 years ago.

Hi,

Because her credit rating is bad due to consolidation loans, so the mortgage company would not consider her, so i went into the mortgage with my stepson, who lives at the address.

thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
Could she join her son on the mortgage now?
Clare
Customer: replied 2 years ago.

Hi,

Not sure...Her credit rating will still be bad. I think she wants the house in her son's name and she gets added to the deeds.

thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
Do you know if this is a viable option?
Clare
Customer: replied 2 years ago.

Hi

not sure I will ask..do you have any thoughts about my position so far or im happy to answer more questions If you need more info.

Thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
The problem you face is that priority for the Family Court is the safe and secure housing of the child until the child is 18 an don that basis you may not be able to force a sale until the child is 18; your ex vacates the property or your ex cohabits
Unless there is a Declaration of Trust stating something different your step son is entitled to half of the equity with you and your ex sharing the balance
If your step son CAN get you released from the mortgage it could be a good idea to agree to walk away with your ex receiving your quarter share of the equity in full and final settlement of her claims - leaving you to pay child maintenance only
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

HI Clare,

Ok I assume you are suggesting I should not have any claim to any equity? I put down about £15k in deposit and fees and her mum put down about the same.Is it reasonable to ask for the £15k back, do you think?

Thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
When you purchased the property did you protect your investment with a Declaration of Trust
Clare
Customer: replied 2 years ago.

Hi Clare,

I found the TR1 document and the declaration of trust is not ticked.

How does that leave me please?

Thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
What was actually discussed at the time?
Clare
Customer: replied 2 years ago.

Clare,

We didn't agree anything at the time.

where do you think I should go from here please? I told here today that I'm in contact with a solicitor...so I think she will now do the same.I have also told her that I (and my Dad) put in £16k towards deposit and costs.

Thanks

Andy

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the fact that there is a child means that it is unlikely that you will recover your investment. If you wish to retain the possibility of doing so then you will have to remain on the mortgage
Clare

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