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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My estranged husband is refusing to transfer the deeds to the

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My estranged husband is refusing to transfer the deeds to the marital home into my name, after being ordered by a judge to do so in a repossession hearing, so that I can clear the debt and purchase the family home. He will only do this if I agree to giving him 30% of the equity, even though he has drawn down the mortgage account and run up a 20k debt, which I will have to clear. Is he in contempt of court? What can I do?

Louise
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What is the exact wording of the order for the transfer?
Claire
Customer: replied 3 years ago.
It was all done verbally by the judge. My husband was told to get a solicitor, transfer the deeds solely into my name, so that the debt could be cleared with the mortgage that I have obtained.
Expert:  Clare replied 3 years ago.
Hi
For clarity then this was never put in an actual written order?
Have divorce proceedings been started?
Claire
Customer: replied 3 years ago.
As far as I am aware no. Yes, have nisi and am in the process of obtaining absolute. At the hearing the solicitor acting for Barclays informed the judge that my husband was not going to receive any money and he has since them now changed his mind. The judge gave a 56 day repossession order. We are now at day 28.
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and are there any children involved?
What income do you each have?
Claire
Customer: replied 3 years ago.
House was valued when I obtained mortgage at 132.500. The outstanding debt including arrears was 100k 28 days ago.. There are no other assets and we each have our own debt. We have 2 children, which he has paid no maintenance towards until he stopped paying mortgage and now pays 200 per month. He's self employed and takes home approximately 450-500 per week and my gross income is 34,600.
Expert:  Clare replied 3 years ago.
Hi
What did he use the £20,000 for?
Claire
Customer: replied 3 years ago.
His new lifestyle with the girlfriend!
Expert:  Clare replied 3 years ago.
Hi
When did he take it?
Claire
Customer: replied 3 years ago.
He withdrew the money over a period of 6 months from the reserve account that runs parallel with the mortgage.
Customer: replied 3 years ago.
Relist: Other.
Waiting a long time for an answer
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay I have been offline.
How long ago did he have the money?
Claire
Customer: replied 3 years ago.
He withdrew the money over a 6 month period last year. I wrote to Barclays to address my concerns about his spending and that he may have difficulties paying the mortgage and the reserve account. They put a freeze on the account when it was at its maximum.
Expert:  Clare replied 3 years ago.
Hi
If the Judges comment was not written into an Order then it is not enforceable I am afraid.
However from what you have said if this matter were being dealt with within the financial side of the Divorce proceedings then it could be argued that the £20,000 should still be counted as part of the assets - meaning that if you get the house there will have been a 60/40 division of the assets in your favour which is the very best that he could have hoped for given the needs of the children.
The starting point is to explain to Barcalays that you may need a little extra time
The you need to make an application to the Family court for the Financial issues to be dealt with
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and make it plain to your ex that you will be claiming that his behaviour is such that he should pay the costs of the application since it was only required to protect the housing of the children
I will admit that this is to an extent an empty threat - but it is still worth raising to keep the pressure on
You can also make an application to the CSA for child maintenance
I hope that this is of some assistance - please ask if you need further information
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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