The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Advice on property split please

  • Frobie
  • Frobie's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Aug 14 #441432 by Frobie
Topic started by Frobie
Hi, I owned my own house outright and made the stupid mistake of agreeing to mortgage the property for £25k and giving my partner, of 23 years, £20k to pay off his credit card debts. As I had a low income, his name was put on the deeds.

In just over a year he had maxed the credit cards again (£25k) and then started a debt management plan.

After jointly paying the mortgage for a couple of years he decided he didn''t love me anymore and left. I am now paying the mortgage which has a final settlement figure of £9k.

I want his name off the deeds but he wants money from me as he owns half the house.

Do I give him money (I am poor and have no savings, so would have to sell the house) without using a solicitor or should I pay for a solicitor. I am worried if I go through a solicitor I will end up giving ex thousands of £, do I have a leg to stand on? We have 4 children together and one is disabled.

I am so upset and angry as during our relationship I have given him money on numerous occasions. I feel so stupid and used:(

  • sulkypants
  • sulkypants's Avatar
  • User is blocked
  • User is blocked
More
06 Aug 14 #441444 by sulkypants
Reply from sulkypants
How old are your children? There needs would be the major concern if you went to court a judge would wish to ensure that he keeps a roof over their head.... But only whilst they are considered a child so once the youngest hits 18 it may be sold then and the money split between you both but possibly not 50/50.

You say you have a disabled child will they ever be able to lead an indepentant life and earn a living? Relevant because you may need expert advice from health professionals about the care and needs of your child now and in the future which both parents will need to consider.

  • Frobie
  • Frobie's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Aug 14 #441447 by Frobie
Reply from Frobie
Hi, my youngest child is 5 and the disabled child may be able to work when she is older but will probably always need help managing her condition.

If I took it to court do you think the judge would allow him to have the 50% share even though he has paid nothing into the property? I spoke to my solicitor and she said there may be a case against the mortgage company as only one solicitor was used for the both of us and I didn''t receive appropriate advice. Also, the witness who signed the form did not sign it in front of me - but if he lied and said he did, that would be his word against mine.

But going to a solicitor will cost thousands and ex may accept an offer - he did hint he would. He holds me over a barrel, really.

  • sulkypants
  • sulkypants's Avatar
  • User is blocked
  • User is blocked
More
06 Aug 14 #441451 by sulkypants
Reply from sulkypants
Like you have stated his case does have some weakness but it will end up costing you a fortune unless you can represent yourself which is not going to be an easy task.

So do you now jointly own the property or are you tenants in common, why was the different types of ownership not explained to you by the solicitor who represented you or by the mortgage company?

Seems terribly unfair but this is where many people find themselves post divorce where they are asset rich but cash poor and ending up in another relationship later you end up walking a tightrope trying to protect your assets you has already amassed prior to the new partner.... It seems as if you may well have fallen off the rope.

Did your ex lie or misrepresent himself in anyway either to you the mortgage company when the mortgage was applied for? Sorry if that appears to be a vague question but if he has obtained some pecuniary (spelling) advantage by doing so it is fraud.

There are men and women I hasten to add who make a lifestyle choice to manipulate asset rich cash poor targets with the sole intention of stripping there assets and moving on to another target afterwards I do hope you were not duped.

How long were you in a relationship with him?

  • Frobie
  • Frobie's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Aug 14 #441465 by Frobie
Reply from Frobie
Unfortunately, I have looked at the deeds on the land registry and we are joint owners.

I am thinking that I can play him at his own game. We also own another property, in both our names. He is paying a mortgage of £700 per mth until he is 65. I was thinking of telling him, if he forces me to pay him money from the sale of my house, then I will refuse to allow him to sell the other house. Therefore meaning he cannot get out of that mortgage. Is this a viable way of negotiating with him?

I know it''s a bit tit for tat but he has done me no favours.

Thanks in advance.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
06 Aug 14 #441480 by MrsMathsisfun
Reply from MrsMathsisfun
If you own both properties then you have both entitled to a 50/50 split.

As you have young children you would probably be allowed by a court to remain in property until youngest is 18.

Do the two properties have similar amounts of equity?

  • Frobie
  • Frobie's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Aug 14 #441488 by Frobie
Reply from Frobie
No, that is the problem. The property I owned that I put ex on deeds has been valued at £240k with £9k owing on the mortgage. Property two was recently valued at £100k with £101k owing on a mortgage that runs until he is 65 yrs old. So in short, the property he is paying the mortgage of £700 PCM is worth naff all and will probably owe money if he sells now. That''s why he''s trying to get money out of the other house.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.