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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have bought a house with my girlfriend before we got married.

Customer Question

I have bought a house with my girlfriend before we got married. She could not get a mortgage due to bad credit but i got the mortgage and it is in my name only. she put 30,000 in and i put 120000 in we are splitting up and she will not let me bell the house for what is left owing on the mortgage she wants it to sell at a massive prophet but i need to sell as cannot afford to keep payments does she have a say as the house is in my name only
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Are you now married and are there and children involved?
Clare
Customer: replied 2 years ago.

no children married and property worth 600000 and 420,000 left

Expert:  Clare replied 2 years ago.
Hi
How long have you lived together and when did you get married (year) and what other assets and debts are there
What income do you each have?
Clare
Customer: replied 2 years ago.

We were married 2012 moved to the house 6 mnths prior


debt are around 40,000 but all in my name as my wife could not get credit as poor credit history


MY wife quit work to study her passion in art and do her Masters which I founded and now looking for work. I work as a contractor as and when work is available so thats the only income at the moment

Expert:  Clare replied 2 years ago.
Hi
Are you willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.

i will be once i know my rights

Expert:  Clare replied 2 years ago.
Hi
What were the debts used to pay for?
Clare
Customer: replied 2 years ago.
Loans and cars and her credit card
Expert:  Clare replied 2 years ago.
Hi
How much are the cars worth?
Clare
Customer: replied 2 years ago.
Nothing they are on finance
Expert:  Clare replied 2 years ago.
Hi
Within the Financial side of Divorce proceedings the court can order a sale of the property - and even set the sale price if necessary
Once the house is sold and the debts paid off there is equity in the region of £140,000 or so.
Yours is a short relationship with no children so it is likely that the court will try and return you both to more or less the same position that you were each in in at the start of the relationship.
Unfortunately given your respective capital situations i suspect it is likely that your wife will receive her £30,000 back and you will take the relatively small "hit" on your savings
I hope that this is of assistance - please ask if you need further details
Clare

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