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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33828
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I lived in france in a house we bought together,

Resolved Question:

My wife and I lived in france in a house we bought together, with a mortgage. We also own a house in the uk, which is in joint names and was rented out. My wife and I have now seperated and she has moved back to the house in the UK and kicked the tenants out. I am staying in France to wrap up the house over here. This has obviously meant that we no longer get any rent from the house, which was my income, and she is now saying in an email, quote "I no longer have an interest " in the house. What is she up to ?
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 are the two houses worth and how much is outstanding on the mortgage?
What other assets and debts are there?
How long have you been marred and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi, the house in France is worth around €120,000 and the mortgage is €120,000, we bought it for €150,000 and then the prices dropped. I am putting it on the market at the moment.

The house in the UK is worth around £170,000 and it has around a £10,000 mortgage left on it.

We have been married for 7 years and my income now is around £8000 per annum, since my wife kicked the tennants.

Her income is around £15,000 via a pension from the NHS per annum and she plans to go back to work.

Expert:  Clare replied 2 years ago.
Hi
How long have you actually lived together and where did the capital come from originally
Clare
Customer: replied 2 years ago.

We have lived together for 8 years, the house in Boston was originally bought by me and my previous wife in 1990, she has no rights over it.

The capital for france was raised by a mortgage on the UK property.

Expert:  Clare replied 2 years ago.
Hi
Slightly confused - I thought the house in France was mortgaged?
Where did she live prior to moving in with you?
Clare
Customer: replied 2 years ago.

The house in France is mortgaged, the deposit was of 30,000 euro which was raised by a further loan on the house in the UK. She lived in her own house which when sold some of the capital was invested to reduce the loan on the UK house when she moved in with me.

Expert:  Clare replied 2 years ago.
Hi
How much was her investment in the properties?
Clare
Customer: replied 2 years ago.

Hi, I think her investment was around £70,000 into the UK house and that includes the french investment.

Expert:  Clare replied 2 years ago.
Hi
Thank you - are you considering a divorce?
Clare
Customer: replied 2 years ago.

Hi, sorry about the delay in responding, I am not considering a divorce at the moment, she may be.

Difficult to know what her thoughts are as communication is a little strained at the moment.

Regards Chris

Expert:  Clare replied 2 years ago.
Hi
I cannot comment on what might be in her head - but clearly you do still have an interest in the property in the Uk
Indeed you have the right to return there whenever you wish (being careful not to allow her to do anything to provoke you into action that can be used to exclude you) - and you certainly retain a 50% share of the equity - with a good chance of a 60/40 split in your favour.
You should offer to discuss settlement with her using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33828
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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