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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28387
Experience:  25 years experience of all aspects of family law
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My wife and I owned a joint mortgaged property and since the

Customer Question

My wife and I owned a joint mortgaged property and since the property was bought in 2009, my wife has been making repayments till the date when we got separate in 2011. Now she is demanding me not only to pay back the initial deposit money of £60K that she paid to the builder to secure the apartment when the property was initially bought but also she is demanding tp pay back the money that she has paid so far to cover the monthly installments in the past and also to share the monthly mortgage bill so my question is that does she have a legal right to demand me to pay back the money that she paid in the bank to cover the mortgage repayments plus the initial deposit money of £60K that she paid to secure the property? Please note that there wasn't any written agreement signed in between us to depict that I would be paying her back the initial deposit for the property plus the half of the mortgage repayments in the past and present so in your expert advice what is my legal position?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Do you have a specific question?
Customer: replied 1 year ago.

Hi there, my specific question is that can she demand me to pay back the initial deposit money, the furniture money that she paid to the builder to secure the property and also can she demand me to pay back the money that she paid to cover the mortgage repayments in the past as well as the monthly mortgage repayments for the future?

Expert:  Stuart J replied 1 year ago.

Are you divorcing?

How long have you been together for in total?

Customer: replied 1 year ago.

yes, I am in the process to file divorce but I haven't filed it yet. We both lived together for 7 years from 2003 till Jan, 2011 and it's been over 2 years since we have been living separately.

Expert:  Stuart J replied 1 year ago.

7 years together isnt a long marriage (the time before marriage is taken into account) and she will certainly get more than 50% if contributions were uneven.

Do you have children?

Customer: replied 1 year ago.

No, i don't have any children.

Expert:  Stuart J replied 1 year ago.
What have you contributed?
Customer: replied 1 year ago.

I had only contributed £4,500 towards the deposit money while my wife took the equity out of one of her houses to contribute £20,000 towards the deposit. Because my wife was a way financially sound than me so she took care of the cost for the furniture and the mortgage repayments till the date when I left her to live separately. My brother in law had the same type of apartment as us in the same location and when he got declined for the mortgage, he requested for his deposit money of £60 K to be refunded but the builder refused to refund so my brother in law asked the builder to transfer that sum of money in to our flat so that at least when the property is sold, he will be able to get his money out and now my wife is demanding me to pay back that £60K as well.

 

P.S : please not that the property in question is location in Porto Fino, Spain.

Expert:  Stuart J replied 1 year ago.

I am completely confused by the BiLaw's £60k.

You said she wants £60k deposit she paid, now you say it was £20k

Please explain. Thanks

Customer: replied 1 year ago.

Apologies for not being clear enough in my above reply.


 


My wife paid £20K for deposit+ £10K for furniture + 4 years mortgage repayments up til now £50K.


 


My brother in law asked builder to transfer his deposit money of £60K in to our flat to avoid the loss of his money being confiscated by the builder.


I only paid £4,500 towards the initial deposit and that was it as I had never been financially sound and my wife has numbers of properties in and outside the UK.


 


Now my wife is demanding me to pay her all the money that she has paid in the past plus my brother in law's money plus the ongoing monthly mortgage installments and my stance is that there was no written agreement in between us that stipulates that at some point of time in future, I will have to pay her back the money she paid for the deposit, furniture, and his brother's money. I am happy to cover the half of the ongoing monthly installments but am not prepared to give her all that money that she and her brother paid with their consent in to our joint mortgaged property and I need your advice on this. Thank you.

Expert:  Stuart J replied 1 year ago.

The BiL is entitled to his £60k.

She is unlikely to get 50% of the equity but as she put £20k in and you £4.5, she will get probably 60-70%.

She is unlikely to get mortgage payments back.

However, you might be entitled to a small % of the equity in the other properties by virtue of the fact that you were married albeit a short time. There is possiblya deal to be done. You leave those alone in exchange for a big chunk of this one.

Expert:  Clare replied 1 year ago.
Hi
The court bases each settlement on the actual figures - not necessarily on percentage contributions - so to get an idea of what might happen we need to know the following:-
How much is the property actually worth now and how much is outstanding on the mortgage?
What other assets and debts do you each have?
Who is living at the property now?
What income do you each have
Claire
Customer: replied 1 year ago.

Hi,


 


Thanks for the reply.


 


- The property is in negative equity. The current worth would be in the region of £90K while the outstanding mortgage is £152,000.


- I don't have any other assets or debts.


- The property in question is in Spain and no body is living in there now. Time to time, it gets rented out, may be for a few weeks in a year and all the money goes to my wife.


- My wife is a businesswomen and she owns numbers of properties in the UK which were bought before our marriage. Her income will be in the region of £100K p.a. while my income is £26K p.a.


 


 

Customer: replied 1 year ago.

Hi,


 


Please answer my question so that I can confirm that the money should be credited to you not to the website.


 


My question is very simple. Can I be demanded by my wife to pay back the past mortgage installments for the jointly owned property, the furniture and the initial deposit money and her brother's money that was transferred in to our property account by the builder because my brother in law was declined for the mortgage and he was going to loose his deposit money and he decided to persuade the builder to transfer his money in to our flat. All that money was paid on my wife's own will and there is no legal agreement that stipulates that I will be paying back all that money. I am happy to contribute the half of the ongoing mortgage repayments but not prepared to pay back the money she has paid so far. I am also happy that once the property is sold, she can recover all that money that she and her brother in law paid so far. Just now the property in question is in negative equity and can not be sold. I want to file a divorce and I would like to know before hands my legal position about the above issue.

Expert:  Clare replied 1 year ago.
Hi
Assuming that the matter is dealt with in the UK under UK family law you have nothing to worry about.
If you wish to keep the property then it is likely that the court will order that - if not then it is likely that you will receive a smallish lump sum settlement from your ex in return for a clean break order stating that you have no further claim on her
Claire
Customer: replied 1 year ago.

 


Hi Claire,


 


I don't want to keep this property because as I said that the property in question is in negative equity and as you can gather from my replies above, my in laws are sending me emails in which they are demanding me to pay back all the money that was paid in the past (that includes initial deposit money (£20K), furniture money (£10K), my brother jn law's money (£60K), 4 years mortgage repayments (£50K) or else, they will take me to the court and make me bankrupt so please answer whether my in law (including my wife and brother in law) have favorable legal position to demand for all that money when I decide to file a divorce and even If I don't file a divorce, still do they have any favorable legal position that the court can decide to make me pay for all the money to them?. I am happy to cover the ongoing mortgage repayments.

Expert:  Clare replied 1 year ago.
Hi
Your in laws cannot take you to court in the UK - there is no legal agreement between you on which they could base any claim
Your brother in law has a claim on the Spanish property (if he wants it)
Your financial relationship with your wife is governed by family law - under which she is likely to have to pay YOU a lump sum not vice versa
Claire
Customer: replied 1 year ago.

so Claire when you're saying that my brother in law has claim on the property then does it mean that he can take me to court to make me pay and also are you saying that I can not be held responsible for paying back the past monthly mortgage repayments, furniture and initial deposit money by my wife but I will be held responsible for the ongoing monthly repayments?

Expert:  Clare replied 1 year ago.
Hi
What I mean is that if there was any equity in it then he could claim a share of it.
You cannot be forced by anyone to repay any payments already made by them.
You remain liable with your ex for the mortgage - whether you chose to pay it or not is up to you - but it is unlikely that the Family Court would order you to do so
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28387
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

 



Hi Claire,

Thank you for your message.


I am British as well as a Pakistani citizen so if I don’t divorce my wife in Scotland and get re-married in Pakistan where bigamy is not an offense then what will be my legal position in the UK? Can my first wife in Scotland take me to the court based on the fact that I have married another woman in Pakistan? Can court in the UK charge me for the criminal offence? What about the immigration status of my second wife and our children from the second marriage? Would they be allowed for British citizenship since I am a British national?
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.

Hi Claire,


 


So should i understand that my first wife or her family in Scotland wouldn't be able to take me to the court based on the fact that I re-marry in Pakistan and my second marriage won't be considered as an offence in the UK?


 


Regards,


 


Syed

Expert:  Clare replied 1 year ago.
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