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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13466
Experience:  25 years experience of all aspects of family law
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Hi, I am going through a divorce...equity on my home was taken

Customer Question

Hi, I am going through a divorce...equity on my home was taken by the official receiver..the money was paid by my bother in law and now wants to be joint owner whilst I continue to pay the mortgage. My wife's solicitor now wants the judge to order the sale of the house..I do not have any equity in the house even though it was the family home...I am paying for a house rent for my wife and 2 children...what is the legal implication.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.
It's worth 400k and the outstanding is 365k. But the equity has been paid to the official receiver by my brother in-law who is now joint owner...
Expert:  Clare replied 3 years ago.
HI
When did this happen and please confirm that your wife is not a joint owner
Claire
Customer: replied 3 years ago.
Only my name was on the mortgage as she did not work.. This happened in April this year.
Expert:  Clare replied 3 years ago.
Hi
What have her solicitors actually said?
Claire
Customer: replied 3 years ago.
They have registered a notice under section 34(2)a of the land registry act 2002 to protect home rights under family law act.. But after my brother in-law acquired the equity so we can jointly retain the house.. I do not have any equity in the house currently..
Expert:  Clare replied 3 years ago.
Hi
I thought you said that they were seeking a sale?
Claire
Customer: replied 3 years ago.
Possible sale if they thought they have any equity of interest.
Expert:  Clare replied 3 years ago.
Hi
How far have the financial negotiations reached - has an application been made to the court?
Claire
Customer: replied 3 years ago.
Application has been made to court but adjourned till 27th September for me to fill in the necessary form detailing my income and assets...my main question is if she has any more rights to this home...I currently live in it...
Expert:  Clare replied 3 years ago.
Hi
Is the property now held solely in your brothers name or now in joint names
How much did your brother pay to the Trustee in Bankruptcy?
Claire
Customer: replied 3 years ago.
I am in the process of adding his name to the mortgage. He paid 53k to the trustee...
Expert:  Clare replied 3 years ago.
Hi
But is he not already on the title anyway?
Why did he have to pay so much given the value and the outstanding mortgage?
Claire

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