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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10263
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

I was suffering with health issues due to a brain injury

Customer Question

I was suffering with health issues due to a brain injury sustained in an RTC & on medication. During this time I was not thinking straight & my partner at the time decided to sign me out of our joint mortgage & gain a severence of joint tenancy.
I was given a pay off of £20,000 on a house worth £375,000. I need to find out whether this was carried out unfairly & how she came to the figure of £20,000.
Also as part of my RTC the NHS failed to tell me I had permanent brain damage which lead to my break down in 2013/14. Would that equate to a lack of care for a patient?
Regards *****
Tel :***********
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

How long ago was the transfer from joint names to your sole name and your payment of £20,000 effected?

Did you have solicitors at the time?

Was this payoff done as part of a breakup of a relationship or divorce and if so, did you have any children?

What was the value of the house time and how much was outstanding on the mortgage? Thank you

Customer: replied 1 year ago.
The actual taking me out of the mortgage etc happened in 2014 & she transfered the money to me at the end of this transaction. We were still in a relationship when this took place but I continued to pay towards the upkeep of the house. We have one child involved. I did not have a solisitor or independant advice at the time. I was suffering with depression due to brain damage.The pay off I feel was at an opportunity where I was vulnerable & she took her chance while she could.The house value was £350,000 the mortgage was for £305,000 & there was approx £200,000 left on the mortgage
Expert:  F E Smith replied 1 year ago.

It would be worthwhile speaking to a solicitor about this who could advise you in depth as to whether you were taken advantage of and either sign this under duress or were coerced into doing it or didn’t know the nature and quality of what you were doing.

If you didn’t have legal advice on the effect of the transfer and she simply put the papers in front of you to sign, there is a good chance that you could have this revisited.

At the time, it appears there was £105,000 of equity and that would have given you £52,500.

However you have a child and you are both under a duty to provide a home for dependent children until aged 18. If she is going to have residence of the child and provide the roof for the next number of years until the child reaches 18, you may have had to wait a considerable number of years before the house was sold because the child was no longer dependent having reached 18, before getting your money.

Hence, if the child is, for example, 4 years of age now, would have had to waited another 14 years to get your money. The alternative in many cases like this is that a partner will settle for a much lesser sum to get the money now.

Because we were not party to the negotiations the time, we don’t know whether that’s the case but if she is providing a home for the child, it could account for why offered £20,000 rather than 50% of the equity.

However regardless of the above, if you didn’t know what you were doing the time because of your health issues, you do need to get it revisited to make sure that you have not been treated unfairly.

Can I clarify anything for you?

Please rate the service positive.

The thread remains open for further exchanges.

Best wishes.