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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am beginning to question why my bank approved my joint

Customer Question

Hi,
I am beginning to question why my bank approved my joint mortgage with my now ex husband. Apparently my ex-mother-in-law remained on the deeds and I was never added. Are the bank in the wrong?
Although an agreement has been reached via consent order that I will receive equal equity to my ex when the house sells, I'm also being told that my ex-Mother-in-Law could pursue me with a financial claim.....
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstFor clarity - YOUR name was definitely on the mortgage?
Customer: replied 1 year ago.
It is yes, the house is due to be sold.I will get an equal share of equity but I am now worried that she could claim that. It's causing me concern. We have agreed the sale and are about to go through conveyancing.
Expert:  Clare replied 1 year ago.
Was your ex mother in law involved within the financial proceedings at all?
Customer: replied 1 year ago.
She was fully aware of the proceedings, my claim on the property and the resulting consent order. My ex stated in writing before the divorce details were determined that she would not stake an interest. The threat of her making a claim is not coming from her but rather my ex, who upon realising that the equity in the property is not as high as he first thought, is seeking a way to get more than agreed in the divorce.I do realise that she never signed anything herself in regard to not making a claim.
Expert:  Clare replied 1 year ago.
I seeAt the time of the mortgage being taken out was the plan that she was to be "bought out" and if so was she paid anything?
Customer: replied 1 year ago.
No, there was no expectation of anything at the time. As soon as we married the mortgage was arranged for myself and my then husband. I wasn't aware that she was on the deed document until it surfaced during the divorce :(
Expert:  Clare replied 1 year ago.
Hi
Are you sure you were actually on the mortgage?
(sorry I do have to ask)
Clare
Customer: replied 1 year ago.
Yes, I still am and pay it every month, the house sake is not complete yet
Expert:  Clare replied 1 year ago.
That suggests incompetence by the solicitors to say the leastWithin the proceedings was the mortgage file obtained?Clare
Customer: replied 1 year ago.
No, all documents are still held at this time by the bank. As the house sale is proceeding I was considering asking for them now.My concern is that I have paid into a mortgage for 12 years. Yes, I will get a little equity out, but if there is the possibility of my Ex-mother-in-law claiming against me do I have any recourse against the bank as I get the impression that this has been messed up. Banks ordinarily require that any mortgage holder has title deed.....?
Expert:  Clare replied 1 year ago.
It would certainly be worth getting the documents since you are correct the mortgage and the title should run togetherHOWEVER do NOT worryThe fact that you have paid the mortgage for these years and clearly had been led to believe that you were a joint owner will protect you from any claim by your former mother in law - and indeed you could in fact make a claim against your ex for any money claimed by his motherI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you. That's helpful to know. It's very frustrating however, as the decree absolute was granted last year and now this 'threat' has been thrown into the house sale proceedings.
Customer: replied 1 year ago.
There was a B133 unilateral notice added to the land registry stating my claim against the property
Expert:  Clare replied 1 year ago.
Hi
Was that put on within the divorce proceedings?
Clare
Customer: replied 1 year ago.
It was yes, I was told it was added to prevent the sale of the property without my knowledge
Expert:  Clare replied 1 year ago.
Hi
Yes that is what it is designed for.
I think your ex is just trying to exercise some final control over you - ignore him
Clare
Customer: replied 1 year ago.
It's funny you should say that....several people have mentioned that. As a goodwill gesture and to encourage the sale of the property (& break our last financial tie), I agreed to take a fixed amount from the sale and him get the remainder (which is more than the 50% detailed in the consent order). It's still not enough (for what he wants) & he has threatened to pull out of the sale and his Mum stake a claim if I don't agree to give him more.I've had three days of constant texts and threats of action on his part to which I have given him the same response each time. It's very draining and stressful.
Expert:  Clare replied 1 year ago.
Hi
Stop!
Email him right now and say that the distribution under the Court Order stands and that if he attempts to derail the sale you will apply to enforce the Order.
Say that if his mother wishes to make a claim then the full details of the mortgage will have to be explored.
Finally tell him you will only respond to polite emails and that if he texts you again you will report him for harrassment
Clare
Customer: replied 1 year ago.
If I do that he will simply withhold the child maintenance. I want the house sold and this last level of control removed. I don't want to put the children's security at risk.
Expert:  Clare replied 1 year ago.
Hi
If he stops the Child Maintenance you can enforce that or go to the CMS - do please stop letting him control you in this way
Clare
Customer: replied 1 year ago.
Hi,That is very easy to say and somewhat more difficult to do. Without child maintenance we would really struggle and he has told me that he can hide his true earnings very easily.
Expert:  Clare replied 1 year ago.
I do understand thatIs the Child maintenance part of the court order and when was the Order made?
Customer: replied 1 year ago.
It's detailed as a consent order and states the amount he is to pay each month for the benefit of the children until they are 18 or complete FT education. March 2015
Expert:  Clare replied 1 year ago.
Hi
Does your ex work?
Where does his income come from?
Clare
Customer: replied 1 year ago.
Hi,He does, he is a company director in an insurance firm
Expert:  Clare replied 1 year ago.
Hi
Then if he did stop paying you could have it in court and get the money very easily - he is a Director and that means you can access his assets
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ah ok, many, many thanks Clare - perhaps I can stop listening to him with a bit more confidence now! Thank you!
Expert:  Clare replied 1 year ago.
Hi
It is always hard to break the cycle - but yes you have more backup than you relaise
Clare