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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Sir/Madam, A property was bought back in 2007.It was

Resolved Question:

Dear Sir/Madam,
A property was bought back in 2007.It was in my brother`s name, where we had had contributed the deposit (receipt of solicitor available).
In 2009 brother went his own way to stay with parents so I over took charge of the property. Since its my family home with three kids under the roof, we made an agreement stating that "I have 10years to pay back the deposit share of the brother had paid and whenever the mortgage is paid off it would be transferred into my name"(witnessed and signed by a solicitor).
IN 2009 brother got married. Since 2009 I am paying the mortgage direct to the bank. At this moment the property has a mortgage of 75%
In 2012 brother got separated from his wife and left the country. Brother`s ex-wife still resides in the country.Now after two years the state is asking for maintainenance of the children. What are the chances of the state bringing a charge to the property.
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 much is the house worth and how much is outstanding on the mortgage?
How much do you still owe in respect of the deposit?
Clare
Customer: replied 3 years ago.

The house is worth £450k outstanding on mortgage is £323k over 35years. Owed to brother towards deposit is £33000.

Mr Merchant

Expert:  Clare replied 3 years ago.
Hi
Where is your brother at the moment?
Clare
Customer: replied 3 years ago.

Since he married an Indian girl in India, his marriage was not registered in this country, but although his ex-wife got a join to spouse visa. The two kids have been born in the UK.

He resides in Australia. Doesn`t work over here at all.

Expert:  Clare replied 3 years ago.
Hi
Which CSA is dealing with the maintenance?
Clare
Customer: replied 3 years ago.

Its Child Maintenance Service. Its a government agency

Expert:  Clare replied 3 years ago.
Hi
If your brother is in Australia then it could be either the CSA themselves - or on behalf of the Australian CSA - do you know which?
Clare
Customer: replied 3 years ago.

As the ex-wife resides over here, its the CSA themselves.

Expert:  Clare replied 3 years ago.
Hi
That is not necessarily the case.
What paperwork has been received?
Clare
Customer: replied 3 years ago.

Hi Clare,

So far paper work received, the first letter from CSA was stating that the ex-wife is claiming £800 in child maintenance, so the parents sent the notice back saying he does not reside in the country any more.

The second set of paperwork is stating that the CSA will take action if this is not paid.

Expert:  Clare replied 3 years ago.
HI
Was this said to be arrears or ongoing maintenance?
Clare
Customer: replied 3 years ago.

Hi Clare

on going maintenance.

Expert:  Clare replied 3 years ago.
Hi
The fact that his name is ***** ***** house deeds does give the CSA the right to complete the assessment - and your brother needs to complete the assessment forms as a matter of urgency.
Otherwise yes there is the eventual possibility of a Charge being taken out on the property given that he has at least £33,000 - although this would take some considerable time
I am sorry not to give better news.
Please ask if you need further details
Clare
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