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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Looking advise I have a commercial lease

Resolved Question:

Hi looking for some advise I have a commercial lease for my business with my dad listed on the lease as guarantor. His address on this is the marital home, however he has left my mum for another woman and left the country since. I'm facing bankruptcy at the minute, can the landlord chase my mum for the rent payments as she is still married to him but they are no longer together. It is his name only as guarantor not hers.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if your father is a joint owner of the matrimonial home please?From what you say your parents are not formally divorced - is that correct? Have either of them commenced divorce proceedings?
Customer: replied 2 years ago.
Yes his name is ***** ***** mortgage but does not contribute to the home. Yes they are not formally divorced and neither have started divorce proceedings although they have been apart for 5 years. He has recently left the country and we no longer have an address for him
Expert:  Joshua replied 2 years ago.
Many thanks. May I ask if he has contributed any capital payments to the property at any time please?
Customer: replied 2 years ago.
Yes he has contributed back when they were together
Expert:  Joshua replied 2 years ago.
Thank you. from what you say, your mother will have no liability under the guarantee however, if the house is owned jointly between your father and mother, creditors of your father would have a potential claim against the extent of your father's financial interest in the property. If they own the property in joint names and no specific agreement was entered into between them when they purchased it, the starting point would be that they each own 50% of the property however, your mother could seek to vary this presumption if she can show that she has contributed more than your father and she did not intend that such contributions would be gifts to your father. If the risk of a claim by creditors is a genuine risk, it will be sensible for your mother to consider making an appointment to see a family lawyer in order to address financial arrangements between her and your father even if she does not wish to commence divorce proceedings. The difficulty for her leaving things unresolved is that the ownership of joint property and for that matter her potential entitlement to your father's sole property and matrimonial proceedings is left unresolved and this makes it potentially difficult for her to plan for the future. It may be pertinent for a separation agreement to be entered into for example if divorce is not wished for by your parents in order that if your father and mother can agree who owns what property and in what shares where such property is jointly owned. if your father will not agree with your mother she may need to consider applying for a court order to provide for financial division which again can be the subject of a discussion with a family lawyer. your mother can find a local family lawyer using the following link and many will offer a free initial short consultation which you can either use to get some free advice or to gauge whether she wishes to take matters forward on a paid for basis. Certainly, if nothing else, as a matter of some urgency she may wish to consider looking to clarify the percentage of the property she can claim as her own as distinct your father is based upon financial contributions towards the property and it may be useful to gather together appropriate evidence to support her claims to beneficial entitlement in the property in anticipation of a potential claim from creditors under your father's guarantee under the lease so she is well placed to defend such claims should they arise. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.