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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12079
Experience:  I have been practising for 30 years.
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I am a divorced man of 71 I moved in with my ex wife 17

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Hi I am a divorced man of 71 I moved in with my ex wife 17 years ago we purchased the house in her name as I was still married to another woman so house was in her name I paid mortgage now she has decided I don't own it as my name is ***** ***** the deeds but I have about 40 check stubs proving I made payments she has cancer he decided to give it to our children

Hello for clarification - who are you divorced from?

how many children do you have?

how long have you been together in the property?

Customer: replied 12 months ago.
I was married to this lady Mrs Morey for some years and we parted and divorced then i left my second wife and did not divorce for about ten years and in between is when we brought the house but it was in Mrs Morey name because I was still married to my second wife so we never put my name on the deeds we have six children and she has told them they are having the house
Customer: replied 12 months ago.
My children have told me I can stay here but legally I have to pay rent I have brought half a house so I don't want to be paying rent she put half down on the house and I have always paid the mortgage for some years in cash to her and the last four years by check and I have always paid most of the bills and I have paid for many improvements
Customer: replied 12 months ago.
In property together 17 years
Customer: replied 12 months ago.
No children with my second wife just the six by my first wife who I brought the house with

You may not have a legal interest in the property(not on deeds) but you almost certainly have a financial (equitable) interest in the property by virtue of the payments you have made and the improvements you have made. Improvements are easy to quantify by looking at the value of the property before and after mortgage capital repayment contributions somewhat more difficult to quantify.

It depends however what the payments were in respect of because you have also had the benefit of living in the property and 40 payments over 17 years (204 months) is not a fantastic amount of payment BUT you do say however that you have always paid the mortgage so I assume that you were paying her before that in cash and that you would have some proof of the cash coming out of the bank otherwise if your word against anyone else’s that you paid that.

Your children have told you that you can stay in the property but it appears the problem you are having is that you have to pay rent. What you need to do is offset that against the possibility of them getting you out of the house and you only claiming a proportion of the value of the property and having an argument over it at that.

You haven’t actually asked a question so I don’t know what it is that you want to know. I’m happy to answer any specific questions you have.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 12 months ago.
Thankyou for your trouble as a matter of intreast I have paid you in full and that is it I don't want any more payments coming out of my account thankyou m morey