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NewExpertAS4920, Solicitor
Category: Law
Satisfied Customers: 372
Experience:  Experience in Litigation, Property, Family and Employment Law matters
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I am divorced (over 10 years ago) but I never sorted

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Hello, I am divorced (over 10 years ago) but I never sorted finances ie ex husband is still on the mortgage though has never contributed. I want to know what, if anything, he is entitled to if I manage to transfer the mortgage into my name only?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Hi, sorry, I was unable to use my keyboard, finally replaced it. I have just got divorced ie approx 13 years ago and did nothing else.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Hastings, East Sussex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there may be delays in responding due to assisting other customers.
Is the property owned as joint tenants or tenants in common?Are you in touch with your ex husband?Have you received a mortgage offer in your sole name?
Customer: replied 2 months ago.
Hi, The property is owned as joint tenants. yes, I am still in touch with my ex husband but I have not sourced a mortgage in my sole name yet as my main concern is what, if anything, I would have to pay my ex husband.
Legally your ex would be entitled to 50% of the property. However, since he has not made contributions to the mortgage over the years, you would of course be entitled to a larger share. Either you and your ex can resolve this amicably if at all possible, or you could bring a claim for the court to determine your share.Please feel free to ask follow up questions
Customer: replied 2 months ago.
Thank you. Was there a time when it was 35% he would have been entitled to as I have the home as primary residence for my dependents? Is it relevant that I keep the home for my children? They are now 16 and 20 but still in full time education. I am thinking it would be better to sort the mortgage/property ownership before they are no longer dependent?
35%? Was this something ordered by the court?You could possibly keep the house. But the divorce was some time ago. Although one of your child is still a minor how the law applies to you now will differ at the time the divorce took place.
It may first be easier having a conversation with your ex to see if he wants any share from the property. If not, it may simply be a remortgage and transfer in your name.If he wants a share then maybe you could buy him out as opposed to going through the court.
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Customer: replied 2 months ago.
Ok, thank you for your advice.