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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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there, My husband will come in to 45% of his ex marital

Customer Question

Hi there,
My husband will come in to 45% of his ex marital home (currently shared by ex wife and his 20 year old daughter and 16 year old son). The house is in both his and his ex wife's name...but gs gets 45% because other things like pension where also split. Great he just has to wait 2 years until his son cones of age...and then he should be entitled to 45% (maybe she will remortgage?)
However, today we learned his ex wants to sign over the house for 10 years to her (his) daughter.
Is my husband being stitched up? If the house is not in his ex's name anymore...will she still owe him the money...regardless of how she raises the 45%?
BTW, she is not living with another man...It is just the 3 of them.
Omg please help...we need the money from that house to buy our own...but we can't afford to...and are being screwed by high rent prices. In fact we are so skint we can't even afford to have children of our own...and we have been together over 6 years :-(
Please, please help us
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

Hi, sorry no idea on both as he hasn't lived in the property for 10 years. I didn't realise the value important.

Ps Just been informed by my husband that it is worth approx 300k. At the time (10 years ago) there was approx 70k outstanding on the mortgage. And the courts ruled he should get 42.5% of the equity. We are not sure if there is still an outstanding mortgage on the property...but we assume so.

When his daughter was approached about signing the legal paperwork for the house (to be in her name and her father's joint) she allegedly refused. Her mother's retort was "your selfish just like your dad"...which leads us to believe his ex was doing this for purely selfish reasons herself...and this was not a kind act for the daughter. As yet his daughter has not signed the paperwork.

Please advise Asap.