Ask a Law Question, Get an Answer ASAP!
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further informtaion first
How much is the new house worth and how much are you borrowing?
What is the equity in the old house?
What is the early redemption fee on the new mortgage?
If you had the choice would you wish to go ahead with the purchase?
How long have you and your husband lived together, what other assets are there and what income do you each have?
What capital contribution has your ex made and what income do you each have?
How old are the children now?
How much does a one bedroom property in the same general area cost to buy?
I am sorry - the fact is that one answer sometimes raises other questions and usually this is a more effective way of getting the information - my apologies I know it is not right for everyone.
If he is going to live in the property he needs to sign the form - without it the mortgage monies will not be released.
I note that in fact the penalty that you will face if you redeem the mortgage early is less than the penalty that you will face if you do not go ahead with the purchase - so on that basis yes it is better to go forward.
I am afraid that despite his complete lack of financial contribution to the marriage your husband does have a financial claim on the property - given the various capital gifts from your family this will not be a 50/50 split - but sadly 20% is possible - with 30% as your worst case scenario
So the first step is to go ahead with the purchase - and point out to him that if he does not sign the form and the purchase fails then you will seek to have the "extra cost" deducted from his settlement.
I hope that this is of assistance - please ask if you need further details