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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33522
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I parted from my children's father 6 years ago. We owned a

Customer Question

I parted from my children's father 6 years ago. We owned a home together and he cheated on me and he then decided to end our relationship. I decided that I did not want to stay in that home so went to live in a rental property. Instead of seeking legal advice at that time he persuaded me to sign that house over to him and in return he paid my deposit and 1st months rent. My deposit has now been returned and he is now trying to claim this money back. I have receipts with the deposit amount in my my name and the cheque was returned to me. Has he any legal rights to this money? He has threatened to take it from my maintenance payments, what can I do to stop this happening?
Many thanks
Michelle coomber
Submitted: 12 months ago.
Category: Law
Expert:  Harris replied 12 months ago.
Hi, thanks for your question.
Just a bit more information required:
-Are you or were you married to him?
- How old are the children and are you their main carer?
- Are you in new accommodation and do you require the money to fund a further deposit?
- Is he paying the correct level of child maintenance and is this through the CMS?
Customer: replied 12 months ago.
We weren't married but we're together for 15 years. I am still living in the property and our maintenance agreement was never done through the CMP. My children are 17 and 11 and he pays £300 per month for both of them.
Expert:  Clare replied 12 months ago.
My name is ***** ***** have been a family lawyer for more than 30 yearsHow much was the house worth and how much was outstanding on the mortgage - andhow much did he actually give you in total?
Customer: replied 12 months ago.
The house was worth around £120,000 and around £100,000 was outstanding. He gave me £600 for the deposit and paid for my white goods to go into my new house, which came to £1200.
Expert:  Clare replied 12 months ago.
Were you released from the mortgage as well?
Customer: replied 12 months ago.
Yes, I signed the house over as he convinced me it was in negative equity
Expert:  Clare replied 11 months ago.
Sorry to be very specific - are you certain you were released from the mortgage?Why did you think it was in negative equity
Customer: replied 11 months ago.
I really appreciate your help, be as thorough as you need and I will try to be as thorough as I can. My ex was very controlling and over the years he made me feel like I was worthless and stupid. So at the time of our split I was in such emotional turmoil that I believed everything that was being said. He did want me to stay in the house but I refused and moved out with my children. All I know is that I signed a document from the bank signing the mortgage over into just his name. So I'm not completely sure I am released from the mortgage.
Expert:  Clare replied 11 months ago.
Do you remember who the mortgage was with?
Customer: replied 11 months ago.
Yes it was with Nationwide
Expert:  Clare replied 11 months ago.
Have you checked with them that you are no longer on the mortgage?
Clare, Solicitor
Category: Law
Satisfied Customers: 33522
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
Customer: replied 11 months ago.
I haven't no
Expert:  Clare replied 11 months ago.
Well that is the starting point- now please be aware that this i just me being suspicious - but that is never a bad starting point!Even if the transfer has taken place all is not lost at all.The fact is that you agreed to surrender your share of the property based on false information - and the promise of a lump sum that your ex is trying to reclaimEither of these could be sufficient to mean that the original agreement is void and you still have a claim on the equity under property lawIn addition under Schedule 1 of the Children Act your ex is under a duty to help with the housing of the children until they are 18 - financially if in no other wayThe next step is to arrange an appointment with a local Family Mediatorwww.familymediationcouncil.org.ukThis will enable you to discuss matters with your ex in a supportive environment and allow you to check the information and suggest a payment that is both correct - and finalI hope that this is of assisatnce - please ask if you need further details

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