How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I'm going through a separation, the house we live in is

Customer Question

Hi , I'm going through a separation , the house we live in is mortgaged just in my ex partners name we did this as I have bad credit , when we bought the house I put £9000 pound into and have contributed to bills and mortgagefor the last 4 yrs . The house is up for sale and my ex partner says he will transfer to me my half but if he ever decides not to, do I have any legal right to that money if my name is ***** ***** the mortgage .
Submitted: 22 days ago.
Category: Family Law
Expert:  Clare replied 22 days 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

Did you protect your investment with a Declaration of Trust?

Customer: replied 22 days ago.
No I didn't
Customer: replied 22 days ago.
Will this cost me another £44 as well as the £31
Expert:  Clare replied 22 days ago.

Sorry - if you mean the telephone pop up yes it does - and you should ignore it

Customer: replied 22 days ago.
I've done it now will be easier
Customer: replied 22 days ago.
Okay can I do anything if he doesn't give me my money
Expert:  Clare replied 22 days ago.

Do you have any evidence of the £9,000 deposit

Customer: replied 22 days ago.
I paid it from my account so would be able to provide bank statements
Expert:  Clare replied 22 days ago.

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

Customer: replied 22 days ago.
The house is,worth 160000 and we owe 108000
Expert:  Clare replied 22 days ago.

is he likely to agree to sign something to protect you now

Customer: replied 22 days ago.
Not sure on that
Customer: replied 22 days ago.
Is there something he can sign
Customer: replied 22 days ago.
That wasn't very clear is there legal document he can sign , thinking about it I think he would
Expert:  Clare replied 22 days ago.

Given that you paid the deposit and that it is clear that he has always accepted that the property was "joint" you have a clear financial claim on the proceeds of sale and could enforce that using the Trusts of Land and Appointment of Trustees Act.

In order to protect that you could potentially register a restriction at the Land Registry OR you could ask your ex to simply sign a straightforward written agreement confirming that he will pay you half of the proceeds of sale.

It does not need to be a complex document - a simple straightforward letter would do - and if he then did not pay you you could use that as evidence of the agreement.

I hope that this is of assistance - please ask if you need further details

Customer: replied 22 days ago.
That's perfect Thank you for your time Clare
Expert:  Clare replied 22 days ago.

You are most welcome - I hope all goes well

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)