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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27764
Experience:  25 years experience of all aspects of family law
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My ex husband left 10 years ago and I have no idea where he

Resolved Question:

My ex husband left 10 years ago and I have no idea where he is. I have been paying the mortgage, which is in joint names. Can I take him off mortgage without his permission so that I know he can not suddenly pop up when my daughter reaches 18 and claim half. even csa say he does not earn any money or claim benefits
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year ago.

My house is worth roughly £60k, when my husband left we had £45k outstanding and I changed onto an interest only mortgage. I have been paying off bits when I can and I now owe about £39k.

Expert:  Clare replied 1 year ago.
Hi
Were there any other assets at all?
Claire
Customer: replied 1 year ago.

No just bills. He said at the time he would tale his name off the mortgage and help me pay, but as he had gone on the sick from work and was allegedly claiming mental health issues, my solicitor said that anything he said he could rescind later on claiming he was mentally unfit to say these things. He had a pension, but as he quit work totally I don't think he will still have it.

Expert:  Clare replied 1 year ago.
Hi
May I ask a little more about the medical reasons that mean that your daughter needs you close?
Claire
Customer: replied 1 year ago.

My daughter has juvenile arthritis, she suffers also from depression and panic attacks as a result of being raped last year at the age of 14, she is extremely wary of being away from me, even for school, but is trying very hard to carry on with her life, we all are. She is also under a sleep apnea clinic as she has been in hospital and stopped breathing a few times. This may be due to the Tamazepam she takes to help her sleep as she has horrific nightmares from the attack last September, needless to say we haven't even got to court yet. We have that to go through yet. She self harms and has a Social Worker to help her in daily life. She wants to move away from the area completely as it was a family friend who attacked her and he knows where we live, and moving because of going to college and university is a new start for her, hopefully. I will go wherever she wants as long as she is ok

Expert:  Clare replied 1 year ago.
HI
My heart goes out to you - life is not easy
However these circumstances make it more likely that it would be possible to persuade a court to grant you the full equity in the house
Unfortunately this is a matter that can only be dealt with via the courts
You will have to apply for a Financial Order within the divorce and ask the courts to order the transfer of the property into your sole name
You will have to make active efforts to trace your ex - including instructing an Enquiry Agent to find him
I hope that this is of assistance - please ask if you need any further details
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27764
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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