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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34263
Experience:  25 years experience of all aspects of family law
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My husband is having a crisis and that may lead to him wanting

Customer Question

My husband is having a crisis and that may lead to him wanting to separate or worse divorce. I do not want to but would like to know my rights. We are joint owners and mortgagees of our home; I have paid the mortgage from my salary alone and other bills have been shared roughly equally. We have our last child still at home (16) My husband has a business from home and it has been doing quite well financially. I have a salary based pension and my husband has been contributing to a savings scheme for the last 10 yrs. I understand the normal 50/50 split and that the family home may stay until our child is 18 but as I can't afford to buy my husband out - is there any consideration given to the fact that I have paid the mortgage throughout as I would like to keep the home if at all possible. Am I right in thinking that his savings and business income could be offset against my pension? Should I re-mortgage in my name alone now? Or is it not worth it as it makes no difference?
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Stuart J replied 4 years ago.
how can you remortgaging your sole name of the property is in joint names? Will he agree to that?
Customer: replied 4 years ago.

My husband has now taken up with another woman but his behaviour is very erratic and he is clearly in a very confused state. She is an accountant and is seeking her own divorce but influencing him heavily as he has never been brilliant with money and is now spending his business income like there's no tomorrow.

He has already said that, as he is transferring his business to become a limited company to avoid affecting the personal assets as a sole trader, that I should consider putting the mortgage in my name.

The mortgage company has said that they would consider re-evaluating my application and that as long as I can afford the repayments there wouldn't be an issue with just transferring the mortgage to me.

The land registry is as joint "proprietors" and at the moment I am finding out if we are joint tenants or tenants in common on the deeds( as I have forgotten. Part of his crisis is that he has written out his own will which is not notarised or witnessed )

I'm really wanting to protect myself in the event of him separating or deserting. I am just keen to know my rights and whether I can stop him from doing anything without my knowledge. But in the event of him spending his money/assets - what can I do to protect myself, our child, my pension and the house?


Expert:  Stuart J replied 4 years ago.
Will he consent to transfer the property to your sole name because if he will not, you cannot registry in your sole name and you cannot mortgage it in your sole name.

Meanwhile, his "will" is not well at all but is merely a few words on a piece of paper if it is not being done in the correct format.

how much is the house worth?
What is the mortgage?
What do you both earn?
Expert:  Clare replied 4 years ago.
The only basis on which this matter can be answered at all is with an idea of the financial situation.
This includes how much the property is worth and how much is outstanding on the mortgage?
What is the Cash Equivalent Transfer Value of your pension - what income do you each have and how much does he have in savings.
Does his business have any value in itself or is it just his ability that is the asset?