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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I met my ex husband 16 years ago we married after 18 months.

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I met my ex husband 16 years ago we married after 18 months. He moved into my home which I had bought from the proceeds from my previous marriage. The marriage lasted 5 years he left me over 9 years ago ( no children involved) left me in a lot of debt. I want to cash in my pension which will pay off my mortgage, and then transfer the house into my two children's names. We are not divorced...... If the house is transferred into the names of my children can my ex make a claim on it???
Looking forward to your answer.
Thank you *****
Hi Thank you for your questionMy name is***** shall do my best to help you but I nee some further information firstHow much is the house worth, how much was the debt he left and how much is outstanding on the mortgage?Clare
Customer: replied 2 years ago.
The house is worth £320,000 the mortgage is £112,000 I kept borrowing on my mortgage when we were married. I'm not working and he let me take out a £4000 loan 2 weeks before he left me.
What happened to the money you borrowed?
Customer: replied 2 years ago.
Sorry I had to dash out had a little emergency this morning. The money was borrowed to pay off credit cards and holidays.
What were the Credit cards used to pay for?
Customer: replied 2 years ago.
Credit cards were for excessive spending, anything he wanted he got. Also bought a lot of flights on credit card as we did have a place in Spain at the time.
Do you know what his current financial position is?
Customer: replied 2 years ago.
All I know we both did work at the same company and his earnings are/ were approx 40,000/45,000
He has a property in Leeds which is in negative equity and a flat in Staines which has 60,000 equity
May I ask if you are willing to consider divorce proceedings?
Customer: replied 2 years ago.
Not at the moment I can't afford it......... I know he will get nasty. That's why I want to know if I paid off my mortgage and transfer MY house into my children's names could he make a claim?
Unfortunately yes he can - and can have the transfer set aside if need be
Given the length of your separation a divorce will not cost more than the Court fee (which will be going up again soon) - and for which you may be eligible for a rebate.
Given the extent of his assets and income he has and the debts he left you with he will struggle to justify a claim on your assets - but better to have control of y=the timing yourself - whilst he is still working.
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you