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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 own a property with my ex wife. We are now divorced.

Resolved Question:

Hi
I own a property with my ex wife. We are now divorced. She lives there with my 14 and 20 year old daughter and son. I pay her £200 a month maintenance. I would like to be able to get a mortgage with my new partner but this is preventing me from doing so. I believe she is in debt (considerably) and therefore the mortgage company won't let me even 'give' her my share as they think she isn't capable of paying it. The house has gone into a considerable state of neglect since I left so I doubt selling it would be an option as its such a mess. Have I got any options left at all?
I look forward to hearing from you.
Kind regards
Nick Cunningham
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?What agreement was reached regarding the property at the time of the divorce?
Customer: replied 1 year ago.
Hi
The house - if in a good state I would think would reach around 165/170k. As it is now - maybe 130? Its a guesstimate really. I am getting mortgage statement today but from memory there is around 65k left on the mortgage and the term is around 10 years. I sorted the divorce out personally which was just to 'divorce'. I didn't use a solicitor and therefore no other issues were brought to the fore.
Expert:  Clare replied 1 year ago.
What income do you each have and has she remarried?
Customer: replied 1 year ago.
Hi
No she is not remarried or living with another man. I have recently gone self-employed and have been earning the equivalent of approximately £35000 a year. She works for Preston University in an administrative role. I can only guess its around £20,000 pa.
Expert:  Clare replied 1 year ago.
Is there anyone who would guarantee her mortgage?
Customer: replied 1 year ago.
Do you mean that if she were to ask her mortgage provider to buy out my share or even a percentage of it, say ask her parents to do this? The trouble is, I am just met with a wall of 'no'. Can I force the issue?
Expert:  Clare replied 1 year ago.
That is fine - final point - how much would a cheaper two bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
It would need to be a 3 bedroom property as I have an older son and a daughter and they both live with Mum. This property is a semi detached bungalow. It's in New Longton Preston. There isn't much property below 130k except 2 beds.
Expert:  Clare replied 1 year ago.
Legally your eldest son is an adult and not the concern of the family courtIt is the price of a cheaper two bedroom property which is relevant
Customer: replied 1 year ago.
According to Rightmove, two bedrooms are coming in at around 95k. Where does that leave the case? Would he not even be considered? Seems a bit unjust. Is he just expected to be in his own accommodation? He is working, albeit part time and is approaching 21.
Customer: replied 1 year ago.
So that is the only course of action? I have to take her to court to force her to sell up and buy a 2 bedroom house but my son is left without a bedroom? I simply wanted to take my name off the mortgage, preferably by gaining a small percentage of the equity within the property, not half but you're saying that the only way to remove my name from the mortgage is to do the aforementioned?
Expert:  Clare replied 1 year ago.
The only way that you can force the issue and obtain your release from the mortgage is to make an applictaion to the court.In the family courts the priority will be the housing needs of the youngest child until that child is 18In your case if the current house was sold your ex would still have enough capital (if she received all of it) to rehouse herself and the minor child - and you would be released from the mortgage although you would still have to wait until your youngest is 18 to receive any of the capital - with a settlement of maybe 60/40 in her favour Obviously you do not wish to force the sale - BUT that is your only leverage to try and persuade your ex to do whatever is necessary to have you released form the mortgageYou can discuss this with her using Family mediationwww.familymediationhelpline.co.ukI hope that this is of assistance - please ask if you need further details
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