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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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My estranged wife refused to discuss issues to resolve

Resolved Question:

My estranged wife refused to discuss issues to resolve mortgage on a joint property (3owner) before we got married; what do I do?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 11 months ago.
The property is worth 400k &the left mortgage is about 70k
Expert:  Clare replied 11 months ago.

What issues need to be resolved?

Customer: replied 11 months ago.
To pay off the balance of mortgage , share to be left to children, type of trust appropriate for the children etc.
Expert:  Clare replied 11 months ago.

Why would she do this - why should the property not just be sold?

Who is the third joint owner?

Customer: replied 11 months ago.
The 3rd person only completed forms for the purchase & has not been seen since 1988. The property was bought as business venture my estranged wife refused to contribute towards the mortgage but had controled income since 1988 to date without revealing the much as to enable the payment of the mortgage balance.
Expert:  Clare replied 11 months ago.

You do understand that the third owner will have to be involved in any arrangements?

What is the nature of the property?

Customer: replied 11 months ago.
It is a 3bds terrace house, agreed initially to be for domestic use & whoever is in occupation amongst the 3 owners or if all of us at the same time ; would account for the mortgage payments. However the two ladies fell out on the day after we signed the agreement in 1988; hence one of walked away with the remark that she was no longer interested in the venture as it has started with trouble from the onset; referring to what went on between the two without my knowledge. Not long afterwards the second decided to give up too and demanded a payback but I carried on alone, hopping they will comeback. In 1995 I married one of them but in 1997 the Building Society decided to repossessed due to mortgage arrears of over 8k but will stop the exercise on a cash payment of 4k; I made the payment by borrowing from a friend on hard term on how soon to payback; failure will attract handsome interest on the borrowed amount. The cause of arrears was latter explained as due to my then wife pretending to have paid a share of monthly £150 by cheque which was later cancelled for over a period to the sum of over 8k on the arrears without my knowledge. My wife has always been problematic and so whence she had responsibilities to look after income on the property ; she has continued resist persistent request to reveal the total income from1997 to date; such that mortgage balance can be off other issues resolved as the owning the property has nothing to do marriage.
Expert:  Clare replied 11 months ago.

Why is the property not just sold?

Customer: replied 11 months ago.
By one person? Is it possible or how possible without the essential agreement!
Expert:  Clare replied 11 months ago.

Let me ask if differently - do you wish to sell it and resolve the issue?

Customer: replied 11 months ago.
I will prefer remortgaging, to pay off balance of mortgage & re- event to provide opportunity for the 4 girls; my share of contributions to mortgage is well over 68k is from 1988-part of 1997 before the payment of 4k. It is important to note that the income from 1988 to now can be traced to the account of my estranged wife & her refusal to be engaged is just to tournament me as I am the only one going through the trauma; I'm on pension & I can't benefit from my pains taken investment with nothing to show except with the possibility sailing her personal 3bds to make up for what she has put me through.
Expert:  Clare replied 11 months ago.

You can force a sale through an application to the court - and the court will determine how much the third party is or is not entitled to.

The process for applying for an Order for sale is described here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

However despite what you feel the issue of how the shares owned by you and your wife is dealt with is actually part of the matrimonial finances and will be dealt with as such

Please ask if you need further details

Customer: replied 11 months ago.
Pls can request transfer of to the land Register to retain sole ownership there by remortgage the property for reinvestment? She has not contributed to the mortgage but gained from the income!
Expert:  Clare replied 11 months ago.

I am afraid that that is not possible - your only option is to deal with matter as I have outlined above as then the court can assess who should get what - and you can then take over the property if you wish

Customer: replied 11 months ago.
Pls can you take this case- what's cost estimate? May be possible recommend a quick & hard , honest worker like yourself with knowledge of the case! Thank you very much. Just to remind you: I'm on state pension!
Expert:  Clare replied 11 months ago.

I am sorry - we are not allowed any contact outside of this site

Customer: replied 11 months ago.
Is it possible for an outside solicitor to contact you for bridgings?
What's your reference for future contacts or corresponding?
Expert:  Clare replied 11 months ago.

Sadly the only contact is via this site

Clare and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
How can I request for your membership?