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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husbsnd has asked for a divorce. The house we live in is

Customer Question

My husbsnd has asked for a divorce. The house we live in is (since July 2010) in my name only and bought for cash from the sale of a previous property, again solely in my name. We got married in 2008. Where do I stand?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 long have you actually lived together and are there any children involved?
How was the purchase of the previous property funded
Clare
Customer: replied 3 years ago.

Hi Clare


We married in July 2008. Lived for a while in his flat. Later lived for a while in my house which I owned and later sold. The proceeds of that house bought the current house - which was bought solely in my name.


We have no dependant children. They are adults.


Thank you


Valerie Carney

Expert:  Clare replied 3 years ago.
Hi
For clarity - you did not live together prior to the marriage?
What other assets are there and what income do you each have?
Clare



Customer: replied 3 years ago.

No.

 

 

We did not live together prior to marriage.

We both earn around £25,000 per year.

There are no assets.

 

Thank you.

Valerie

Expert:  Clare replied 3 years ago.
Hi
What happened to his flat?
Clare
Customer: replied 3 years ago.

The flat was owned jointly with his ex - wife. He defaulted on the flat after he forced her out as domestic violence was involved. He also had a dependant son living with him from a previous relationship . It was re-possessed and sold by the mortgage lender. A surplus amount of £12,000+ was left over. This amount was split between him and his ex - wife.

Expert:  Clare replied 3 years ago.
Hi
What is your mortgage capacity?
Clare
Customer: replied 3 years ago.

I re - mortgaged around a year after the cash purchase of the house. The re - mortgage is in my name only. Approx £40,000 outstanding. A home loan of around £27,000 is also outstanding. This is in joint names.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth?
Clare
Customer: replied 3 years ago.

The house was valued last year at between 250,000 and 260,000.

Expert:  Clare replied 3 years ago.
Hi
May I ask how the loan is in joint names if you own the house alone?
Clare
Customer: replied 3 years ago.

Hi Clare



The loan company were unwilling to lend the money as my husband resides at the property. This loan was taken out less than a year ago.

Expert:  Clare replied 3 years ago.
Hi
Are you certain that the property was not transferred into joint names at that time?
Clare
Customer: replied 3 years ago.

Hi Clare


I am 100% sure the property was not transferred into joint names. The joint names relate only to the home loan taken out last year.


 

Expert:  Clare replied 3 years ago.
Hi
Interesting - but reassuring!
What were the loans used for - sorry I am just trying to assess what claim he will have on the house
Clare
Customer: replied 3 years ago.

Both loans were used to modernise/upgrade the house.


Thank you.

Expert:  Clare replied 3 years ago.
Hi
A six year relationship means that not only does your husband have the right to live in the property so long as you are still married but he also has a Financial Claim on the property.
However it does not give him a 50 % claim - or anything close
What is harder to assess is what the percentage should be
Given all that you have said somewhere between 10% and 15% - but that is only the roughest of guides
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
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 3 years ago.

Hi Clare


I had some difficulty opening your final reply. I have managed to open it. Thank you.


I am going to allow my husband to instruct as he is the one wanting the divorce. If I don't Co - operate with him how long could this take.


I am aware he will not pay any money towards the loans now. He knows I will be under pressure and struggle to pay the loans on my own. Will this go against him? He may want to force me to sell my home. I am not prepared to do this. Where do I stand now?


Thank you


Valerie


 

Expert:  Clare replied 3 years ago.
Hi
Can you cover the loans?
Clare
Customer: replied 3 years ago.

Hi Clare

I think I can.

 

I have additional income. A small pension and I have students staying.

 

Valerie

Customer: replied 3 years ago.

No additional required.

Expert:  Clare replied 3 years ago.
Hi
Bearing in mind that he does have a relatively small financial claim on the property how would you fund that?
Clare
Customer: replied 3 years ago.

Hi Clare


 


I may have to extend the shorter loan or go joint with a family member.

Customer: replied 3 years ago.

Hi Clare


 


I may have to extend the mortgage or go joint with a member of the family.


 


Thanks Valerie

Expert:  Clare replied 3 years ago.
Hi
If he is not living at the property then he is not expected to pay towards the loans.
So far as delaying the divorce is concerned he will file an Unreasonable Behaviour Petition so it depends if you wish to spend money on defending it.
If not then it could take between six and nine months as he will have to arrange personal service on you
Clare
Customer: replied 3 years ago.

Thank you Clare.


My understanding is that he wants to stay in the property whilst the divorce goes through. Therefore he cannot live for free. He must pay towards loans/bills. I would rather he moved out.


Valerie

Customer: replied 3 years ago.

Hi Clare


He wishes to stay in the property whilst the divorce goes through. Can he be forced to pay towards the bills? I would rather he moved out and proceed with his actions. I will not be cooperating.


Thanks Valerie

Expert:  Clare replied 3 years ago.
Hi
No I am afraid there is no way that you can force him to pay the bills.
You can transfer the utility bills into his name so that he faces disconnection - but there is no other action you can take
Clare
Customer: replied 3 years ago.

Thanks Clare


Surely he is still responsible for the joint loan whether he is at the property or not?


Would this not be taken into account when his percentage is calculated after the divorce? If I am forced to pay the joint loan on my own, would the amount he has failed to pay be deducted from the settlement.

Expert:  Clare replied 3 years ago.
Hi
If he lives in the property but does not pay half the loans you could certainly ask that you be given credit for half of the loan payments made during that period
Clare

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