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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 13656
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My husband abandoned his family (for another woman) leaving

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My husband abandoned his family (for another woman) leaving me with debts. The joint mortgage debt was also left to me. He signed an agreement at the time stating he wanted nothing which had to be ractified by a lawyer. The reason he did not want anything is that he had put the mortgage up from repayment £150,000 to £320,000 (interest only) the mortgage was taken out of my name. When I found out about it he quickly reverted it to the whopping amount which is due to be paid in five years time. He then began to stonewall when we asked for the agreement to be signed off by the lawyer and I did not hear from him since 2016. He has now made an appearance stating that he wants a percentage of the property
JA: What steps has your husband taken so far? Has he prepared or filed any paperwork?
Customer: We tried mediation, it failed and he say wants 20% of the value of the property in five years time but is not willing to pay any of the mortgage or the delapidations.
JA: Where is the property located?
Customer: Located in CR6 Surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He left after a 30 year marriage, and it is unlikely I will get a mortgage at my age. I am worried the house will be sold. I live here with my young grandson who is 5.

Hi,

Thank you for your query. He cannot just demand 20% of the value of the property unless he agrees to factor in costs for dilapidations plus the costs incurred by you in maintaining the property all of these years.

If he does not agree, you may wish to let the matter go to court and let the county court decide. You would be able to show all of the expenses incurred by you over the years and the court should take this into consideration.

I hope this answers your questions. if so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 11 days ago.
I accidentally pressed send without editing or asking you the questions.
1. will I be forced to sell the house. I have no where to go?
2. should he be making contributions to the joint property?
3. After a long term marriage, 27 years, should he be paying spousal maintenance?
4 Is it too late to raise the issues relating to the fraud on the property and signing my name. the mediation said to let it be as it was long time ago. I didn't go to the police as he promised he would pay down the interest only mortgage in full. I believed him.

Hi,

Have you had a chance to read my earlier post?

Technically, he can apply to Court for an order for Sale but whether it will.be granted is another matter.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

INC Law and 4 other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
Thanks very much. He said as the mortgage is joint regardless of paying into or not, he is entitled to 50% and the courts will force this. He said as goodwill I can stay here for another 5 years - when the term for the interest ends - after that he wants 20% of the equity of the property when the building society take it back. He said he can force that sale and have me and my grandson out - I am scared to go to court, or tell the building society, as I think I may end up losing my home. Shall I give into 20% even though he will not have paid anything since his abandonment?
Customer: replied 11 days ago.
ok