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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi my wife has three morgages in her name that were bought

Customer Question

Hi my wife has three morgages in her name that were bought when we were together. But not maried I personally paid for the deposits and the renovation costs on the propertyas this was a joint venture we subsequently got maried and now have seperated I live in and pay the morgage in full for one of the property's. that I still live in she left this property in December 2012 . It has now came to light that she is trying to sell two of the property's without my concent is this possible. there is a will be a paper trail for my contributions ( renovations deposits etc ) what prossess do I need to perform to keep me in the loop
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Are you bothered about the properties or the money?
Customer: replied 3 years ago.
I would like an equal share in any profit generated there are no children involved I personally paid for renovations as my wife only has an employment income however she will have NHS works pension am I I titled to any of this
Customer: replied 3 years ago.
Yes an equal share there are no children involved how long before I receive an answer I am to believe there is some one trying to value one the property's as we speak thanks
Expert:  Stuart J replied 3 years ago.

This is not an instant service as we all have clients and court and travelling and evenings and other users. Sometimes you will get an answer in minutes, sometimes it will be hours.

What are the property values?

What mortgages?

What savings and other assets?

Pensions?

Incomes?

If she sells the properties and you are only interested in the value, why are you worried if she sells them?

Why didn’t you arrange a trust in respect of your input?

Why are they not in joint names?

Customer: replied 3 years ago.
1.Not sure of values as the market is not so good but there is equity in all three properties
2 .all three property's are mortgaged £230,000 in total a rough Value of all three are £330.000 she has received full rental income from two of the properties for a number of years , direct to herself while I paid for all repairers required. I started to renovate one property at my expense ( I have a building company ) i have paper trail to confirm i stopped the renovation when the marriage Broke down .it Would cost 5-6 k to finish if I was to complete it however the price would de doubled if a out side contractor was to complete it.
3 . There was some joint savings not much £5k but she cleared that account out we also had a car paid for value 7k log book in my name however she hid the car and reapplied for the log book I have confirmation of this from the DVLA and my only option was to contact the police I was reluctant to do so , so I agreed to the transfer of the log book ???!??!
4 . She has a NHS Pension I have no pension
5.wife income 40k my income self employed fluctuates however only 20k this year
6. Worried if she sells them that I do no receive any profit
7 . No trust set up as I was foolish with hind site
8. We decided on the joint venture however my partner had no cash and I had funds for reservation, and deposits and due to mortgage lenders criteria this was the best option at the time. I hope this is enough information regards Michael
Expert:  Stuart J replied 3 years ago.
I still dont know why in her name only was best option?

Is all your spend and work documented?

Customer: replied 3 years ago.
The mortgage lenders were reluctant to lend .with me being self employed even though the deposits came from my account I have a paper trail for all conversions etc

Expert:  Stuart J replied 3 years ago.


Thank you. In which case, I
wouldn't be too worried about her selling the houses off if you are only
interested in the value and not the bricks and mortar although I would get your
solicitor to register a matrimonial home right on the matrimonial home to
prevent her trying to do the same with that.

You fortunately, you have a
paper trail all the money you paid and even though these properties are not in
joint names the way they have been dealt with, you paying the deposit and doing
the work etc certainly would appear to mean that they were and were meant to be
matrimonial assets. In that respect, you have just as much claim on them as if
they were in joint names.



For the purposes of the
financial split of your divorce, it is a case of lumping all the assets of you
both together and then dividing them.



You have no children so it is
purely the finances between the two of you which are to be resolved.



If you put the value of
everything in the pot, then after a longish marriage (10 years or so, you do
not say how long you will have been married or how long you have been together)
and everything is likely to be divided 50-50.



That would include all the
matrimonial assets, houses, matrimonial home, savings and her pension, and any
pension that you have. She may want to keep all her pension and would trade off
some of the other assets.



She can be made to account
for all the sale proceeds of the houses and this will be taken into account. It
would certainly save you the problem of waiting for the houses to be sold in
order to divide the proceeds and it would avoid you having one property and her
having the other etc.



 



There is a possibility of a
liability for spousal maintenance, maintenance paid to keep a spouse , as
opposed to children. Although most commonly paid from husband to wife, that is
not necessarily the case. Spousal maintenance is based on both incomes, ability
to earn money, previous lifestyles and most importantly, need. It is not about
equalising incomes. There is no exact formula, but these links will give some
reading..



http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long



and



http://www.familylawweek.co.uk/site.aspx?i=ed33597



and



http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html



 



As you will probably
gathered, this is not a do it yourself job although there is no legal reason
why you cannot do it yourself.



 



You should try to resolve
matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php



Although it is quicker and less
confrontational than court it isnt necessarily cheaper



If she attempts to stop contact then you need to try and discuss
matters with her using. If this fails then you are faced with court.



Do try to resolve the financial
issues between you because power of solicitors arguing will cost £500 per hour
and that soon gobbles up massive chunks of what you are arguing over generally,
costs are not awarded to the parties arguing over money.



 



There is no legal aid for this.



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
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wanted to hear).


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If in ratings you feel that you expected more or it only helped a little,
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The thread
does remain open for me to answer follow-up questions.



I am
offline shortly until later and will pick this up then if needed.

Customer: replied 3 years ago.
I am concerned she the sale of the other two property's go through and she squirrels away the money what can I do to prevent this
Expert:  Stuart J replied 3 years ago.


She will
still have to account for the money even to the extent of producing bank
statements and completion statement for the sale and if she has spent the money
gambled it drunk it away then you would be getting a larger part or even all of
the matrimonial home and any other assets.

If you
wish, you could always apply for a freezing order to prevent the sales if you
thought that the was not going to be enough value in any remaining assets that
she was going to do a runner into the distance with everything. It is most
certainly not a do it yourself job and you would be well advised to sit down
with a solicitor who can take detailed instructions (far more detailed than we
can on here) and advise you in depth

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