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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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myself and my wife own a home in joint names. We let it out

Resolved Question:

myself and my wife own a home in joint names. We let it out to corporate tenants. We are now going thru matrimonial issues and divorce

Up until now the rent was always paid to me as I managed the property and aid maintenance etc..all tat was left went to her to pay mortgage and her mortgage etc..

Now she has demanded that the rent is no longer paid into my account and that she never signed any doc stating it was to be in my account. This arrangement has been in effect since last may 2013

So now the estate agent is in limbo, does not know what to do, who to pay etc...I am saying carry on paying it to me, she is saying no they are not to and her lawyer will write to them. Theoretically this action where the £ are in limbo could mean no mortgage being paid, so repossession etc...

Whats the legal position?
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
For clarity - did you pay all the bills on the property - including the mortgage?
Clare
Customer: replied 3 years ago.

I pay the bills, then the remainder goes to her as the mortgage comes out of her account, the way its always been

Expert:  Clare replied 3 years ago.
Hi
Have you suggested setting up a separate joint account to deal with the property?
Is your ex willing to take responsibility for dealing with all the expenses?
Clare
Customer: replied 3 years ago.

do not want to set up a joint account. the question is what the legal position on this one please?

Expert:  Clare replied 3 years ago.
Hi
The legal position is that if you do not both agree on which of you should receive the money then the Estate Agent cannot release it no matter what the consequences
The only way this can be resolve dis either by negotiation - using family mediation (www.familymediationhelpline.co.uk) if necessary or via the financial side of Divorce proceedings
I am sorry if this is not the news that you wanted - but it is the actual legal position
Please ask if you need further details
Clare
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