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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33505
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hello, my husband and have have been married six years, and

Customer Question

hello, my husband and have have been married six years, and recently he's been trying to either gain equity release or a remortgage on his house.
when he tried for equity release, his solicitor told him he needed my permission, as having an interest in the property, because i live there.
now hes been told he can remortgage, if i sign a disclaimer to my interest in the property. hes said, he will give me £3000 out of this. (i think as a bribe).
i presume by signing, im also giving up the right to continue living here, as he is also talking about selling the property, and a divorce.
ive been told, by lay people that this amounts to emotional abuse, i should request more. ive been told to accept, and get out, and ive been told to sit it out, because im entitled to more, as he is legally the main provider, although im not totally dependent on him, but my employment isnt very well paid in comparison
the police are aware that he is an emotionally abusive type, as i have been to them concerning threatening and abusive texts ive recieved.
im a bit stumped as to how to proceed to be honest.
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 house worth and how much is currently outstanding on the mortgage?
How long have you lived together and what other assets and debts are there?
What income do you each have?
Clare
Customer: replied 2 years ago.

hi.


to the best of my knowledge, the house is worth about £100,00. i think he owes somewhere in the region of £50,000 on the mortgage.


we've been together 8 years in total, and since i gave up my own property to move to his, i have very little left. mainly just furniture, washing machine, drier, and my car.


he has two cars, plus 3 vintage tractors to take to shows, 2 cars for restoring, assorted tools, a caravan, the house, and numerous old farming implements, also for shows. theres 10 horses too, only 2 of which are passported to him, 2 to me. 1 on loan.


he demanded £160 pw for household bills at one point. i told him i cant afford that, as i only earn about £250 pw, and i have to pay electric, gas, and rental for the pastures. + run a car. im paying £100 a month just in phone bills, as i have to have 2 mobiles, (police recommended changing my number, but i kept the old one too, just in case i need to contact him). also ive had to get my own land-line installed to be able to get internet coverage.. so i try to put £100 away for houshold expenses weekly, if i can.


as i say, i earn about £250 pw. he's about £450 to £500, not sure exactly as i never see his payslips.

Expert:  Clare replied 2 years ago.
Hi
Do you wish to end the marriage.?
Clare
Customer: replied 2 years ago.
That's a tricky question. It's yes and no. I'm sick of his emotionally abusive behaviour.snd he's been quite honest that he doesn't care about me, for about the last three years, so I'd say yes. I don't think I can continue in the current situation much longer.. On the other hand, it is somewhere to live.. Which probably isn't much help.. It's a daunting prospect to have to start again from scratch at my age. (58). Plus if be happier if I knew this was what he really wants, which circumstances certainly suggest
Expert:  Clare replied 2 years ago.
Hi
How much would a studio property in the same general area cost to buy - or a larger property on a shared ownership scheme?
Clare
Customer: replied 2 years ago.
Just had a quick trawl on zoopla, and it's around 65 to 70K in this area.
Expert:  Clare replied 2 years ago.
Hi
Have you looked at shared equity schemes?
Clare
Customer: replied 2 years ago.
No, and I'm guessing you mean 'shared' as in me and him? Not a chance of anything joint. He won't do it. He's made it plain it's his house, even though at one time, some time ago, he said he'd make it joint. Nothing written though.
Basically as things stand, I'm just trying to save a bit up and get out like he seems to want, but he always find something I need to pay for. 3K is the best offer I've ever had off him, although I doubt if he's actually pay me. He doesn't believe in keeping promises. The whole marriage is a breach of contract in respect of the words in the oath.
Expert:  Clare replied 2 years ago.
Hi
No not at all - my apologies
There are schemes called Shared equity schemes
https://www.gov.uk/affordable-home-ownership-schemes/shared-ownership-schemes
Could you just check to see if there are any in your area as it could effect the potential settlement
Clare
Customer: replied 2 years ago.
Hi, yes there's properties in the area.
Expert:  Clare replied 2 years ago.
Hi
Good - how much would you need to but a one bedroom property - or a share of one - and what accommodation did you have before you moved in with your husband
Clare
Customer: replied 2 years ago.
Hi,
Theres no 1 bedroom properties in the immediate area, and the nearest ones would be about £53,000, and a monthly rent of £85 afterwards.
Previous to being here i had a 3 bed council house, where i was originally living with my kids from my previous marriage, then latterly with my son, his partner and their baby.
Expert:  Clare replied 2 years ago.
Hi
With regard to your first question the forms that you are being asked to sign do not mean that you no longer have the right to live in the property.
You are entitled to live in the property so long as you are married to your ex - and you can Register your rights in the property to ensure that he does not remortgage or sell the property without your knowledge
The forms that you are being asked to sign simply ensure that you understand that if the mortgage is not paid you will have to move out
In the event of a divorce an 8 year relationship does not give you a 50% share of the equity - but it does entitle you to more than £3,000 - as a guide at least 20% of the equity - possibly 30%
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33505
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi. I know it's been a while, but I'd just like to know my options now. He's received the money, but refusing to give it to me. Thanks
Expert:  Clare replied 2 years ago.
Hi
I am afraid that the rules of the site mean that I have to ask you to raise this as a separate question
If you ask for me I will be able to link it to this thread
Clare

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