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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
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 lived with my ex partner and have. 7 year old daughter together

Customer Question

I lived with my ex partner and have. 7 year old daughter together , we brought a house together, the 40'000 deposit on it was mine , we split up 3 years ago he is now remarried and so am I so he now says he can force the sale . He was in debt when we first got together so all the credit cards were in my name which he denied when he left and I had to take out an Iva . so if he forces me to sell I will now not be in a situation where I can buy another house with will alter our daughters way of life . Can he force me to sell ?
And if so if I devorced my husband would this then stop him from being able to make me sell , or any other suggestions how I won't become homeless ? regards jo
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?
Customer: replied 1 year ago.
One hundred and 70 thousand , one hundred and eleven to pay off
Customer: replied 1 year ago.
When we brought this property it was put as 60/ 40 in my favour
Expert:  Clare replied 1 year ago.
So you would need to pay him £22,000.Is your husband not able to join you on the mortgage?
Customer: replied 1 year ago.
The mortgage won't let that happen as I now have the Iva and even if they did I can't then add £22'000 I would t be able to afford the repayments
Expert:  Clare replied 1 year ago.
Can your husband obtain a mortgage in his own name?
Customer: replied 1 year ago.
Yes but not enough to buy a property he's self employed and in a low wage ,
Customer: replied 1 year ago.
So if the property is sold do I not get my 40'000 out before its split 60/40 and I've also paid the mortgage alone for the last : years does that not also go in my favour he's paid nothing towards it
Expert:  Clare replied 1 year ago.
May I ask why you did not protect your investment in a more specific way?Is it a repayment or an interest only mortgage?
Customer: replied 1 year ago.
I didn't see it happening and he always said he would never do it to me ! Now he's married he's changed his tune , it's a repayment
Expert:  Clare replied 1 year ago.
Hi
Sadly they often do.
When you were discussing how to protect your investment what did he actually say?
Clare
Customer: replied 1 year ago.
That he'd never screw me !
Customer: replied 1 year ago.
He told me a year ago if I gave him £5000 cash and payed all the solidifies fees he would be happy for us to have it and we could have done that as my husband could get a mortgage to cover what's left to pay on it , but he's now saying he wand a lot more
Customer: replied 1 year ago.
Which we can't afford
Expert:  Clare replied 1 year ago.
Ok - did he ever make it clear what the phrase "he's never screw me" meant in terms of the deposit?
Customer: replied 1 year ago.
Not being funny but it's my word against his on this so I can't see as that stands for anything , in law do I have a chance of getting my 40 grand out before its split I can prove the money came from my bank account ?
Expert:  Clare replied 1 year ago.
Your problem is that you signed an agreement that gave you a 60/40 split of the equity which implies that you and your ex had discussed the position and reached an agreement as to how your contribution should be recognisedThat being the case you have an uphill battle to persuade the Court that they shoudl look beyond that clear agreement and give you a greater share to reflect the deposit that you paid.So far as forcing a sale is concerned the fact that you have now married is the major issue.If you were on your own with the child then the court would certainly not Order the sale of the property as the housing needs of the child would have priorityEqually if his name was not still on the mortgage then the Court would hesitate and possibly not agree to the sale to release his equity despite your marriage.However as thing stand no matter how he said/she said the position is to have any chance of delaying the sale you will need to be clear about the fact that he assured you that no matter what your deposit would be safe; and to use the debts that you paid to balance things out.You can also take account of any capital that you have paid off the mortgageUsing all of these factors could work - especially if you could in fact get him released form the mortgage and pay him £5000 Please ask if you need further details
Customer: replied 1 year ago.
If I divorced my husband would he still be able to force the sale ?
Expert:  Clare replied 1 year ago.
Possibly provided your husband does not cohabit with you at any time in the future

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