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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife was...

Customer Question

My wife was given the family home at the appeal hearing, the judge wiped away the 30% i was awarded at the final FDR. She was given it to provide her a house mortgage free. however she removed the FMH from the sale market and has moved in and i guess is paying the mortgage. In court her legal team argued she could not afford a mortgage. I have been told i should sign the property over HOWEVER Santander refuse to remove me from the mortgage and give her a sole name mortgage.
The mortgage outstanding is approximately £78,000 on a house valued £250,000 > £300,000.
Alledgedly she has applied for another mortgage. a representative from a new lender came and viewed the property. but lets just say co-operation from her and her legal team is non existent. There is an early payment to make to Santander if mortgage ends pre June 2016.
I wish to get my name removed asap. I wrote to the court and that was ignored.
Is there a form I need to download and send to court?
What is best course of action?
I feel this situation is not what the court expected to happen.
Submitted: 2 years ago.
Category: 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.
That seems very harsh.
What did the Order say about the mortgage?
Customer: replied 2 years ago.

The October FDR gave her 70% and me 30% equity of FMH so FMH was put up for sale.

The judge was under the impression that since her Barrister argued she could not afford to pay a mortgage, he removed all my share to her to give her a property mortgage free after the sale of the FMH. She then cancelled the Estate Agents who were attempting to sell the property. I had to move out by 25th April. She has since moved in and I assume has paid May Mortgage payment.

She was to Indemnify me against any claim on outstanding mortgage of approx £78,000.

NO actual comment was made regarding her taking on the FMH and the existing Mortgage with Santander.

She did apply to Santander to have mortgage transferred to her sole name they refused to remove my name or liability.

Since I represented myself I wrote to the court asking for them to amend court order to then have my name removed from mortgage. NO response.

Currently I am unable to get a loan or new mortgage and this mortgage runs for at least another 8 years.

I have so far ignored the paperwork of signing over the deeds from the land registry.

The judge had made his decision before we travelled the 150 miles to the court. I have applied for a complete transcript of the court hearing.

he told me I could not appeal an appeal hearing.

I am considering complaining about the Judge and/or the judicial process.

I am 62 years of age and have just had everything until this year wiped away from me. The whole judicial process FDR and Appeal have been totally biased I believe because I represented myself.

I put 125,000 in she put 40,000 in in 2004.

She also removed savings in excess of 30,000.

I get nothing she gets 100%

I am absolutely seething about the whole scenario so I do apologise if my wording is strong or erratic.

Expert:  Clare replied 2 years ago.
I cannot make sense of this decision.
Can you give me the wording of the eventual Order do far as the property and mortgage are concerned.
Customer: replied 2 years ago.

Good morning

I am working in London away from home but can forward the complete court order email so that you see complete contents, if that is allowed. Guess I would need an email address to forward that email.

I have yet to speak to anyone who understands the decision !!!

if i cannot email you i can copy text

kind regards John

Expert:  Clare replied 2 years ago.
I will ask customer services to contact you regarding emailing the paperwork
Customer: replied 2 years ago.

Good morning Clare

it is 0625 Tuesday I have just sent attached court order to customer services.

As stated I wrote complaining about variations from what was said in court and my letters/comments have not been responded to apart from a general acknowledgement of receiving them.

I wrote to court sending a financial effect document showing 100% to appellant 0% to myself.

I was left with 91,000 inheritance from my parents , my Mom died 9 months after my wife left the family home.

My now ex wife gets 100% of everything else a near £300,000 house with a £78,000 mortgage for putting in £40,000 in 2004, not a bad return!! PLUS

Wife has 25% interest as a received inheritance in a family home worth around 25,000, she removed all savings believed to exceed 30,000

First FDR judge asked if i knew bank details I did not, he said I could not pursue questions about how much money was removed!! however she eventually declared 22 bank accounts.

She also removed around 95% of contents.

I am awaiting requested transcription of appeal court hearing to pursue judge/judicial process complaint.

Judge Rogers told me in court there was zero chance of an appeal against his appeal court decision.

Expert:  Clare replied 2 years ago.
Just because he said that does not mean you cannot appeal -
were you represented at that hearing?
Customer: replied 2 years ago.

Hi Clare

I attempted to send a response from my phone but it appears not to have worked so apologise if this is a repeat.

I represented myself.

I have lived a life of not going into debt except for a mortgage.

I have always saved and bought.

If a service of no win no fee i would have jumped at it.

I am self employed with a small company (annual turnover £40,000) and getting too senior in years to be able to afford loans.

I earn less in a day than an hourly cost of a Solicitor and I find £100 per letter or email excessive, from this last experience a lot of letters are totally a money generator as none of the judges were interested in the "small talk"

I expected a Judge to tell the TRUTH especially in a Court Room.

Yes I feel very bitter towards the legal community that I was exposed to.

The Law should be the law no matter who speaks to a Judge, I feel that I was made to feel like a little child being taught a lesson, rather than getting a fair decision on a marriage settlement.

sorry think i letting off steam


Expert:  Clare replied 2 years ago.
I understand your feelings completely.
I have read the order now.
It is in fact clear that the appeal Judge not only expected your ex to remain in the property - he or she intended her to do so - and for you to remain on the mortgage if need be
I simply cannot understand how and why this Order was made
The only realistic option is to take all the paperwork to a Direct access Barrister and ask if an appeal might be successful.
On the basis of what you have said it seems likely - but you do need someone to have reviewed all the paperwork to be certain.
Please ask if you need further details
Customer: replied 2 years ago.

Hi Clare

I am confused.

The Judge declared she was awarded the 100% equity to give her a mortgage free property.

I am unable to decipher where it indicates he expected her to remain in the ex FMH and pay the mortgage.

Surely that is a contradiction of his comments?

It was my understanding she was to be able to move back into the FMH but for it to be sold to give her a mortgage free property.

where or how else does the mortgage free comment relate

kind regards

Expert:  Clare replied 2 years ago.
Whatever he declared the Order is clear - it even says she can apply for spouse maintenance if you do not co-operate to minimise the mortgage payments
Customer: replied 2 years ago.

hi Clare

yes I objected to this inclusion as it was inserted by her legal team and was not mentioned by the Judge himself, as a number of other comment inclusions were same.

I thank you for your time and information, i now must consider my next movement.

You did not actually say yes/no to how/if I can get my name removed from the mortgage.

Reading between the lines of your comments I am guessing with the wording her legal team included I am stuck ??


Expert:  Clare replied 2 years ago.
You cannot force the issue with the current order - I am sorry