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 ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1255
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

When we split, My ex took £30000 from the offset account of

This answer was rated:

When we split, My ex took £30000 from the offset account of our offset mortgage. I have since asked (2½ years later) where it is by email and he has ignored me.We have since had a year long court battle over the kids, where he had representation and I did not. I suspect he used this money for the legals as he does not work (but not eligible for legal aid).What can I do to make him be honest about what he has done about this money?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- were you married?

kind regards

Caroline

Customer: replied 1 month ago.
no we weren't. We had 4 kids though

Hello

Thank you for your response.

Please may I also ask:

- who is living in the house now?

- are you joint tenants or tenants in common?

- any trust deeds?

- how much equity is in the house?

kind regards

Caroline

Customer: replied 1 month ago.
Tennants licve in that particular house now.
We are joint tennants
I do have the deeds yes
Equity...about £450,000

Hello

Thank you for your response.

Please do accept my apologies for my delay in repsonding to you this afternoon.

As joint tenants you are both entitled to an equal share of the profits of that property.

Although your ex was able to access the funds in the offset account to the mortgage, it does seem unfair that he would then be able to gain an equal share of the proceeds should the house be sold in the future.

You could consider a Trust of Land Act claim for a declaration as to your interest in the property - that being because your ex has already had some of his.

To do this you make a claim to your local county court using this form:

https://formfinder.hmctsformfinder.justice.gov.uk/n208-eng.pdf

There is a court fee of £308 payable when you issue proceedings.

I appreciate that this isnt going to get you an answer as to how he spent the monies but if a Judge ruled in your favour it would equal things out.

Mediation is an option of trying to agree you having a larger share without the need for court. Google family mediation in your area and give them a call to get the ball rolling.

You should also consider severing the joint tenancy so you become tenants in common. I say this because as joint tenants the right of survivorship applies. Basically should you pass away before him then the whole property would pass to him and this might not be what you want to happen. As tenants in common you can 'will' your share to whomever you want.

This link will show you what to do:

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Please let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Customer: replied 1 month ago.
I have been informed that I can change the tennancy, but can't he just change it back? The issue here being that I did infact put £86000 more than him in to the property. I have the bank statements from the purchase to prove it too.
But I have always wondered it changing the tennancy is somewhat futile.

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you.

If you change to a tenant in common rather than a joint tenant - then no your ex cannot chaneg this back.

That is a lot of extra money you put into the property so you really do need to consider a Trust of Land Act application not only in relation to the £30k but also the extra £86k you put in. Whilst the legal starting point is one that you are each entitled to an equal share as joint tenants, Judges can make a declaration that the position should be a different i.e - your share should be more when there has been a significanly higher contribution.

let me know if I can assist you further

kindest regards

Caroline

Please kindly remember to rate positively by using the stars soo that credit is received for helping you today

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
thank youthat is really helpful. Not all of the solicitors make sush an effort.

Thank you for your kind words! x

I'm glad I could help you.