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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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there. I shall try to be as succinct as possible. In

Customer Question

Hi there. I shall try to be as succinct as possible.
In 2013 I took out a mortgage together with my then wife and bought a house together with her. We lived there with our son (now 10) and her son from a former marriage (now 21). Due to the stresses involved in moving, certain issues in the relationship were brought to the fore and we separated only weeks later.
I continued to live at the house until late 2013, (my wife, being a non-EU citizen living here on a settlement visa, had been living mostly in her own country since 2012 anyway). By that point I had met a new romantic interest and I left the mortgaged house to move in with her. My son came with me and I now have a newborn baby from this new relationship also.
The house, since 2013 has mainly been occupied by her 21 year old son while he studies at university. However, the tenancy is up on the house that I and my new family currently live within and I am seriously considering trying to make a claim on the mortgaged house so that my new family can live there together.
This taken into consideration I'd like to know where I stand legally, the following taken into account:
- I paid all bills for the first year of the mortgage, including the mortgage itself, my wife paid bills for the second year.
- She won't consider divorce.
- I have had sole custody of the child throughout.
- Mine is the only name on the title deeds (I've just checked on the UK land registry records)
- Both our names are ***** ***** mortgage, although the sum was solely based on my earnings.
- She has never paid maintenance.
Many thanks
Phil
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 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.
How much is the house worth and how much is outstanding on the mortgage?
Where is your ex now and will there be a divorce?
Clare
Customer: replied 2 years ago.

The house was bought for 93'000, maybe worth 100,000 now. 69'000 is outstanding on the mortgage.

My ex is abroad at the moment. She's usually only in the UK for 2 weeks in the summer and 6 weeks in the winter. She won't consent to a divorce, but as soon as the five years have elapsed I shall be fling for one.

Her son is still living in the house.

Thanks

Phil

Expert:  Clare replied 2 years ago.
Hi
For clarity - she is currently paying the mortgage?
Clare
Customer: replied 2 years ago.

She is indeed

Expert:  Clare replied 2 years ago.
Hi
Do you wish to return to the property?
Clare
Customer: replied 2 years ago.

Yes, I do wish to return to the property.

Customer: replied 2 years ago.
Relist: Other.
Too late and she didn't seem to read what I'd written, asking questions I'd already answered.
Expert:  Clare replied 2 years ago.
Hi
As a joint owner of the property you are entitled to return there whenever you wish, and if you do not have a key you can break in if you wish.
You can issue a divorce petition based on her Unreasonable Behaviour whenever you wish, and within the financial side of the Divorce proceedings you can seek an Order that the property is transferred to you outright, subject to a lump sum payment to your ex and her being released from the mortgage.
Since the only child of the family resides with you there is little doubt that the court would support this.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Are we still joint owners even though her name is ***** ***** the title deeds?

Expert:  Clare replied 2 years ago.
Hi
It is unusual for her name to be on the mortgage and not the deeds which would suggest that there is a Trust of some sort involved.
hence the need to deal with the house carefully when putting this right
Clare

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