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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My husband moved out in july 2011. He has since bought himself

Customer Question

My husband moved out in july 2011. He has since bought himself a propertly recently. he did not nuy my home and h did not contributet ot the mortgage or household running cost, part of why our family borke down. He has indicated that he wants property adjustment as part of divorce financial settlement. He earns alot more than me, at least twice as much. Very mean man. Where do I stand ? Can he take my property from me? He manipulated me to buting the property on my own so he could avoid paying for anything. He eventually told me so when i kept insisting he shoud contribute to the mortgae as he promised.
Please advise how I can keep the property for me and my 15 year old son.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
Hi
How long were you actually living together for.
How much are the two properties worth and how much is outstanding on the mortgages?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.

I do not know what his property is worth. He bought a house that needs total renovation but he is living it.

My property is worth around £200k with mortgage of £140,000 outstanding. We lived togather from 2000-2011. He moved out in 2008 for approximately 1year and came back without my consent.

I invested in a buy to let property, invested for my son with my inheritance from my mother. It was first in trust but his dad asked me to take it out of trust as he wanted to help manage it better and the trust was not done properly. He only collected rent and would not allow repair on the property. The property has remained empty since2012 because he would not allow any repair and constantly accused me of undermining him if I do anything on the property. I have to keep paying the mortgage. And he wants me to sign over the property to him but keep paying the mortgage. i refused ot do this. The outstanding mortgage on the property is £78,000 and valued recently for £63,000

Please note that he made no contribution to the mortgage our any household/living expenses with overwelming evidence. He norminated my earnings as family living expenses.

He sold his house prior to purchase of mine. He did not share the equity. I contributed to the purchase of his house and paid part of the mortgage and expenses from 1990 - 2000. We were married in august 1992. We lived together from 1986 - 1992 in my rented house. He did not make any contribution as he had no income at the time and I had to help him through his studies.

I will need to make alot of arrangement for my needs - including upgrading the house including stair lift and wet room, a room space for my son by extending. It will be too expensive for me to move.

At first he said he did not want anything from the house ashe knows he has never contributed to it. Now he is asking for property adjustment.

Thank you

Expert:  Clare replied 1 year ago.
Hi
How long were you living together in total?
Is the rental property still in your name - and are you now dealing with the administration of the property - if not why not?
Clare
Customer: replied 1 year ago.

In total we lived together since 1986 to 2011, making it 25years, apart from 1year persuaded by friends, when he had to move out in 2008 to go and think about his behaviour. He was never realy gone as he cntinuously came back to the house and then move back in against my wish. Although he moved out in july 2011, he did not leave the keys until 2nd January 2013, as his brother and came round erratically.

The rental property is still in my name and I continue to keep up the mortgage, council tax etc. He still holds the keys and it has been empty for so long.

Expert:  Clare replied 1 year ago.
Hi
Is there a reason why you have not changed the locks and let it out?
Clare
Customer: replied 1 year ago.

he accuses me of undermining him and uses this as an excuse to make my life hell. Also the house requires substantail renovation and I don't have the money for it. He has controlled everything to disaster for me and picking up is so difficult at the moment. I also wonder if I could make him contribute to the renovation. If I was to sell the property (still paying for the restoration cost when I got the property). Please reply urgently

Customer: replied 1 year ago.

please can you give a reply to my last response to your request

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
How much did he receive for his property - and what assets does he now have?
What income do you each have?
Clare
Customer: replied 1 year ago.

He had equity of £10,000 from the sale of the house. He has a new house. I don't know what else he has. He was vey secretive throughtout the marriage. His income is about £90,000 but claims to be poor and has nothing. I have income of £45,000.

Expert:  Clare replied 1 year ago.
Hi
There is no reason to listen to anything he says - you are free to do whatever you like with your rental property.
I suggest that you change the locks immediately and start whatever work you can.
Since it appears that he has assets of his own and you have the chid of the family it is highly unlikely that you will have to share any of the equity with him.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Do you mean equity from the 2nd property? what about my home?

Expert:  Clare replied 1 year ago.
Hi
I meant the equity in your home
Clare

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