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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27825
Experience:  25 years experience of all aspects of family law
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Early last year i bought my husbands share of our house to

Resolved Question:

Early last year i bought my husbands share of our house to settle his creditors in bankruptcy, the land registry deeds have only my name on them and the mortgage is in my sole name. My husband signed all relevant documentation. My question is does he have any claim to the property if we were to seperate?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
How long have you been married?
Customer: replied 1 year ago.
5 years this August. He had to become bankrupt as his business went into administration and he had personal guarantees. He set his business up over 30 years ago.
Expert:  Stuart J replied 1 year ago.
I am going to refer this to another expert for you. Please don't reply or it comes back to me. They will pick it up when they are online.
Expert:  Clare replied 1 year ago.
Hi
Your husband retains Matrimonial home rights on the property and the right to live there so long as you are married.
Technically he could make a financial claim on it - but given the circumstances it is unlikely that the court would grant him a share unless the divorce was many many years in the future
I hope that this is of assistance
Claire
Customer: replied 1 year ago.
He refuses to leave the house so what action could I take? If he gets into debt will I be liable.? Thank you
Expert:  Clare replied 1 year ago.
Hi
May I ask - do you consider that your marriage is over?
Are there any children involved?
Claire
Customer: replied 1 year ago.
I have 3 children from a previous relationship and one from this. I am currently weighing up my options
Expert:  Clare replied 1 year ago.
Hi
How old are the children?
Claire
Customer: replied 1 year ago.
Our boy is 10 months, my others are 15,13 & 7
Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year ago.
The house I believe would sell for 350k and mortgage is 160 k
Expert:  Clare replied 1 year ago.
Hi
How much would you need to rehouse yourself and the children if the matrimonial home was sold?
Claire
Customer: replied 1 year ago.
I am not working and do not. Have an incomes would need to buy a house outright if I was to sell, or remain in current property paying the mortgage would be preferable.
Expert:  Clare replied 1 year ago.
HI
That fine.
How much does your ex earn?
Claire
Customer: replied 1 year ago.
My husband currently earns 12k
Expert:  Clare replied 1 year ago.
Hi
How is the mortgage currently being paid?
Claire
Customer: replied 1 year ago.
I am paying it.
Expert:  Clare replied 1 year ago.
HI
I am sorry - I should have asked - what income do you have?
Claire
Customer: replied 1 year ago.
None now as I left my job to bring up the children
Expert:  Clare replied 1 year ago.
Hi
Sorry - how are you able to pay the mortgage?
Claire
Customer: replied 1 year ago.
Why is this your concern, all I need to know is I would have to do if I wanted to remove my husband from the property and if he gets into debt I am liable.
Expert:  Clare replied 1 year ago.
HI
My apologies - it did seem a little out of the blue didn't it.
Unless he is violent you are not going to be able to force your ex to leave the property until the financial side of Divorce proceedings are dealt with.
In viewing the financial side of the divorce proceedings the priority for the court is the safe and secure housing of the children.
Since I assume that you have only just mortgaged the property to "buy out" the Official Receiver it makes it even less likely that the court would award your ex anything.
My concern however is whether there would be any chance of your having to sell the house to get your ex released from the mortgage as well - hence the query as to how you are paying the mortgage - sorry it seemed so out of context
For clarity - you are not responsible for any further debts he runs up
Please let me know if you need further information
Claire
Customer: replied 1 year ago.
Ok, my husband oesn't need to be released from the mortgage, the mortgage is in my name only as are the land registry deeds. I was employed but recently left my job after my maternity period came to an end.
Expert:  Clare replied 1 year ago.
Hi
That is good news - and means that a forced sale is not a risk in the circumstances that you have described!
There is still an outside risk that if the divorce does not take place within the next few years your ex will accumulate a small capital claim - but the risk and the amount are both likely to be small
Claire
Customer: replied 1 year ago.
Thank you ever so much for the information.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome and I hope that all goes well
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27825
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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