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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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Evening Claire I have an issue with my wife and ex partner..

Resolved Question:

Evening Claire I have an issue with my wife and ex partner.. my wife and partner bought an house in 2008 together with 2 children,partner left in 2011 ish. My wife has being paying the mortgage etc since then on her own. I moved in 2013 got engaged and then married. But we have tried to swap names over from her ex partner to mine but my wife has a poor credit rating so the bank won't touch us until her delinquent account has cleared which is 2 years away so there telling us. Ex partner not happy with this as he wants his name off the mortgage which is far enough but we can't do anything until then... we are looking at converting the garage to a bedroom then change the kitchen round in hope in 2 years we will have a house which we can either sell or carry on living inn... ex partner is trying to stop us doing anything question is can he and what grounds do we have please.
Yours faithfully
Gareth
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

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 old are the children and were your wife and her ex married at all?

Customer: replied 1 year ago.
HelloChildren are 19 and 14 and no they weren't married.
Expert:  Clare replied 1 year ago.

Are there actually arrears on the mortgage account?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 1 year ago.
HiNo arrears on the house, 12 years left owing about 74000.
House worth about 90k.
Expert:  Clare replied 1 year ago.

Can you not get a mortgage in your name?

Customer: replied 1 year ago.
HiWe did go and try but I couldn't get one on me own.
Expert:  Clare replied 1 year ago.

Ok

What work do you actually wish to do on the property - does it need planning permission?

Customer: replied 1 year ago.
HiNo we're just converting the garage to bedroom for the 2 girls as we only have a 2 bed house. me an Rachael have a 30 month boy together and he needs his own room as been sleeping in our room since he was born.Even if we do sell it it will be worth more as we have added a bedroom.I just need to know what we can do and what he can't do really as he trying to throw his weight round as am not on the mortgage. As we're in no possible to change anything over for 2 years which he knows about and is ignoring the situation.Thank you
Expert:  Clare replied 1 year ago.

You can simply go ahead and do the work - if he seriously wishes to stop you then he would have to make an applictaion to the court for an Order preventing the work - which is unlikely to be granted

The only point to remember is that he will benefit from any increase in value and it may be difficult to claim any extra equity to reflect that

Please ask if you need further details

Customer: replied 1 year ago.
Thank you Claire
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well

Clare and other Property Law Specialists are ready to help you