How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My partner divorced almost 2 years ago. Before he left he

Resolved Question:

My partner divorced almost 2 years ago. Before he left he paid mortgage on house for 2 months in advance of leaving, and left his then wife the marital home. The mortgage was not transferred into her sole name upon the divorce becoming absolute. Last year he discovered that his wife was abandoning the house and moved into a flat leaving the house in an uninhabitable state along with mountains of debts and the mortgage company wanted to reposess the house. He had it valued and due to all the damage and repairs needed the house was in negative equity by at least £45.000 so having it repossessed was not an option. He took over the house, changed the locks, and has paid up the mortgage arrears, but not any of the outstanding other debts. During the last year he has invested every spare penny in remedial works and bringing the house back up to a habitable standard. Last week we heard that his ex wife is again in financial difficulty and are worried that she will want to move back into the house now that it has been made good. We have tried asking the mortgage company to take her name off the mortgage but they say that he needs to be mortgage arrears free for 12 months before they will allow that. Does his former wife have a right to move back into the property?
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.
Was there ever a financial order made within the divorce proceedings?
Clare
Customer: replied 2 years ago.

no there was not. No awards were made or claimed, just a straight divorce.

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi,

my apologies for the abrupt response earlier, I am not used to this sort of thing.

We have not had it re-valued yet but judging by others in the same area we think the house is probably now worth £170,000 having re-invested approximately £30,000 in repairs, and the mortgage stands at roughly £148,000.

Expert:  Clare replied 2 years ago.
Hi
Can you prove the expenditure on repairs?
Clare
Customer: replied 2 years ago.

Hi Claire,

we had the house valued at it's worst last year, and have kept receipts for the materials, and tradesmen that were used, I haven't totted it up completely yet as there are still some bills not in yet, but for the main I can safely say yes we have most of the proof.

Jem

Expert:  Clare replied 2 years ago.
Hi
How much was it worth when you took it over?
Clare
Customer: replied 2 years ago.

the valuation report by the estate agent was £120,000

Expert:  Clare replied 2 years ago.
Hi
Excellent - last question I hope - how long until he will have been out of arrears for 12 months?
Clare
Customer: replied 2 years ago.

Hi Claire,

I think the magic month is this coming June.

Thanks

Jen

Expert:  Clare replied 2 years ago.
Hi
legally as a joint owner she is entitled to return to the property whenever she wishes - and she is entitled on the face of it to half the equity - although there are good arguments to negate that
It would be a good idea to try and get his ex to agree to the transfer of the mortgage - get the forms signed in advance.
If she will not agree or demands an unreasonable amount of money then (assuming that you have not married him) then he will have to make a financial claim within the Divorce Proceedings for the property to be transferred to him
Given the history this is likely to be granted
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire,

Thank you for that. Oh dear, given her former behaviour and threats there is no way his ex will sign any paperwork, of that I am quite certain.

When the police visited (and they did a few times) they said the damage she had done to the house was criminal, and they were truly appalled by the condition of it. It doesn't seem at all fair that we have come this far, gone without and have not a penny left, to find she is able to waltz back in and wreck it all again.

How does he go about making a financial claim within the divorce proceedings if the divorce is already absolute? Also, how much will it cost?

Expert:  Clare replied 2 years ago.
Hi
Just to check - he has not remarried?
Clare
Customer: replied 2 years ago.

no, he has not re-married, would that make a difference?

Expert:  Clare replied 2 years ago.
Hi
Yes it would have made a big difference!
As things stand your partner need sto arrange an appointment with Family mediation
www.familymediationhelpline.co.uk
(this is compulsory)
Once that is done he can apply to the court for the financial issues to be dealt with using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The fee is £245
Clare
Customer: replied 2 years ago.

Hi Clare,

Thank you for your guidance, and for the links, they are very much appreciated. If you don't mind my asking one last thing, how would he being re-married make a difference? we co-habit as it is now.

Thank you

Jen

Expert:  Clare replied 2 years ago.
Hi
If he had remarried he could not have used the Divorce proceedings to claim more than half of the house
Cohabitation does not create the same legal relationships
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice