How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask ReadyLaw Your Own Question
ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 1009
Experience:  Adjunct Lecturer at University of Technology
104128041
Type Your Family Law Question Here...
ReadyLaw is online now

If in a divorce the house in Uk was given to husband subject

Customer Question

If in a divorce the house in Uk was given to husband subject to the mortgage being in both names
And has been let out for the last five years and husband had received all funds for mortgage and live with he’s new wife in there own house
House in Cyprus for wife subject to the mortgage being in both names
And wife is paying mortgage
Is husband who refuse to pay Cyprus mortgage entitled to take all monies over and above the sale of the English marital home without and contribution to the Cyprus home
Submitted: 6 days ago.
Category: Family Law
Expert:  ReadyLaw replied 6 days ago.

good day your question has been forwarded to me to see if I may be of assistance.

Expert:  ReadyLaw replied 6 days ago.

Have you commenced divorce proceedings? Is there a court order in place re the properties already or is this something that is being informally agreed by you both?

Customer: replied 6 days ago.
We are divorced this was the county courts order house in Cyprus for me subject to the mortgage
House in Uk he’s subject to the mortgage
Both mortgages are in both names he has never paid the mortgage in Cyprus not a penny in16 years
He was getting rent from tenants in Uk even when he lived there to pay that mortgage so on the house in Cyprus they took it to the European court and won an order on him on the house in Uk ,this has since been removed and I can’t find out how and I am left with a debt of 400.000 euros and he’s lawyer is telling me I have to comply with the court order and sign for the sale and he has refused to pay the balance off the mortgage in Cyprus and is say it’s he’s
He lives with he’s new wife and they have a house we are all pensioners how can I get him to pay half of the mortgage here I won’t have anywhere to live
He has a large pension I got nothing
Expert:  ReadyLaw replied 6 days ago.

Thank you for the additional information.

 

He seems to me that he is in breach of the court order. he is as liable for the mortgage repayment as are you. You may return to the court to vary the orders with respect to the properties. You may also ask for him to take over the property from you in its entirety which would include taking over any mortgage obligation, failing which, you could ask the court to order that the property be sold on the open market .

 

Because of the nature of such an application, I recommend strongly that you instruct a solicitor to assist you with such an application.

 

I hope I was able to put things into perspective for you.

Kindly let me know if I may be of further assistance.

 

Kindly indicate whether you have accepted the answer given by clicking the star on the top of the screen.

All the best

RL

Customer: replied 6 days ago.
He has the buyer for uk property what i am asking dose he have the right to keep the funds after mortgage is paid
Surely this should be paid off cyprus mortgage
Customer: replied 6 days ago.
Thmy question was not answered
Expert:  ReadyLaw replied 5 days ago.

They are not treated as one property but two distinct properties, that is why two separate orders were made. he would still therefore be entitled to the equity in the property in the UK as per the order you consented to. With respect to the property in Cyprus, if he is not paying that mortgage you should take legal action against him to pay that debt.

Customer: replied 5 days ago.
Thank you even though its in both names the uk property
Expert:  ReadyLaw replied 5 days ago.

You are most welcome.

 

That is correct based on the order of the court, which you have stated the house in the UK is his.

Customer: replied 5 days ago.
Thank you i need to dtart proceedings against him for the mortgage then at least half 200 .000
Tell me how we proceed as here they will just go after me as easy target
Customer: replied 5 days ago.
I needs to be done sap as they will bankrupt me in January 2021 if its not paid off i have been paying 1.050 per month for 2years but was taken for emergency opp just after order and i did not work for 1 year but have been paying to get up to date
Expert:  ReadyLaw replied 5 days ago.

Please see my initial guidance where I advised that you should instruct a solicitor based on the nature of the application that needs to be made.

Customer: replied 5 days ago.
How much will this cost and how do i proceed
Expert:  ReadyLaw replied 5 days ago.

Unfortunately I am unable to say the specific cost for Solicitors. Each Solicitor charges differ. You may find a local solicitor via the below link:

https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/find-a-solicitor/