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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 29061
Experience:  25 years exeperience
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My ex husband lives in a house we owned jointly when married,

Resolved Question:

My ex husband lives in a house we owned jointly when married, he is unable to obtain a mortgage in his own name and I have allowed him time to clear his finances to remortgage. However he is getting remarried and the new wife will be living at the house. Are they any legal implications as up to now my 2 sons were in his will as his next of kin and would inherit the property (the equity in it) should he die?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.


How long have you been divorced?
Customer: replied 1 year ago.

Hi


 


Decree Absolute was Aug 2009


 


agreement for the remortgage was til Oct 2015 (when a second charge on the property is paid off).

Expert:  Stuart J replied 1 year ago.
Thank you.
What is the house worth?
Mortgage?
Each of your incomes?
Children?
Ages?
Live with who and where?
Please give details of the solicitors agreement that you mention.
Married how long?
Together how long before that?
How long aprt?
Any other details please.?
Thanks
I am offline now until tomorrow and will pick this up then


Customer: replied 1 year ago.

House worth £350K


Mortgage interest only £250K


my income 55k


ex income 98k


2 boys 13 and 15 years old


both live with me no maintenance paid, he has them every other weekend


deed of separation as we have 2 businesses with equal shares in


married 10 years


together 3 before


separated 6 years


main concern is what rights the new wife will have if he dies (older man and she has lost 2 husbands already and owes a mortgage free house through one)


 


Thanks

Expert:  Stuart J replied 1 year ago.
Thanks.
If he lives in the house still, where do you live?
The house is still in joint names?
Will you be happy for the wife to live in the jointly owned house?
Is it still joint tenants or has it been changed to tenants in common
Why hasnt the house been sold?
Why cant he get a mortgage /house in own name?
Together 13 years? is he not 15yr old father?
I am offline now till tomorrow so please bear with me. Thanks
Expert:  Clare replied 1 year ago.
HI
Just to check - was there a Financial Court within the divorce proceedings which set out the agreement that you have outlined?
Claire
Customer: replied 1 year ago.


Hi


 


Yes he still lives in the house with girlfriend and her children. I own another house solely in my name.


 


Yes the property he lives in is still in joint names


Would not be happy for the wife to live in the jointly owned house as my mortgage has a higher rate attached to it as it is viewed as a second property


The ex wants to keep the house no matter what.


He is in debt


Together 13 year separated 5 years - 18 years total


 

Expert:  Clare replied 1 year ago.
HI
Was there a Court Order made at the time of the divorce?
Claire
Customer: replied 1 year ago.

There was a consent order in place which gives date house has to be sold by


 

Expert:  Clare replied 1 year ago.
Hi
Do you receive any of the equity when the house is sold?
Claire
Customer: replied 1 year ago.
Yes £35,000
Expert:  Clare replied 1 year ago.
Hi
Is there any provision for early settlement if he remarries?
Claire
Customer: replied 1 year ago.
No nothing
Expert:  Clare replied 1 year ago.
Hi
May I ask why you haven't applied for maintenance?
Claire
Customer: replied 1 year ago.
There was money in the company which I had instead, the main concern I have is whether the wife to be has any rights to the house in the event of his death
Expert:  Clare replied 1 year ago.
Hi
Yes I am afraid that his new wife will indeed have a claim on the house but only on your ex's interest in it.
This will not mean that you loose your money - you will still be able to force a sale in 2015 if he does not re-mortgage and you will receive your money - just that your ex's share is shared by his new partner
However there really is no reason why you should not apply for child maintenance
I hope this is of assistance - please ask if you need more information
Claire
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 29061
Experience: 25 years exeperience
Clare and 2 other UK Property Law Specialists are ready to help you

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