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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34282
Experience:  family solictor with 25 years experience
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I am a Vietnamese national and have resided in the UK since

Customer Question

I am a Vietnamese national and have resided in the UK since 2005. I was married in 2006 in Vietnam and divorced in 2009 in Vietnam. During our marriage we bought our family home in the United Kingdom. The house was in my ex-husband's name only despite the fact that my parents had contributed 50% of the deposit. We had one daughter born in 2007 in the UK. During the separation, I had applied for home rights through charges in land registry in 2009. The actual divorce was completed in Vietnam as my husband had returned to Vietnam. At divorce in Vietnam, the home has never been agreed. My ex husband left UK in 2009 and I have had no contact with him since. I stayed in the home in the UK with my daughter for a while but now I have remarried and am living with my husband in a rented apartment. in the UK All this while I have been paying mortgage repayments on the property. I wished to know that would it be legal for me to rent that house to cover the mortgage repayments.? If so, if there is any surplus income on top of covering the repayments and maintenance of the property, could I use these proceeds as my income?
Submitted: 2 years ago.
Category: UK Law
Expert:  Clare replied 2 years ago.


Thank you for your question

My name is ***** ***** I shall do my best to help you.

Is your daughter still living with you?

How much is the property worth and how much is outstanding on the mortgage?

Who currently lives in the property

Was there actually a financial settlement of any type within the divorce proceedings

Was there actually a financial settlement

Customer: replied 2 years ago.
my daughter lives with me. The court in Vietnam placed her in my direct care. Property is worth around 200k. It was bought for £190,000. A deposit of £20,000 was paid at the time. Mortgage is interest only and £170,000 is outstanding. The property has been vacant recently. There was no financial settlement ordered by court in Vietnam. As the property was in the UK, Vietnamese court stated that the financial matters would have to be agreed mutually by both parties. There has been no contact by my ex husband since 2009 and I am as such unaware of his whereabouts.
Expert:  Clare replied 2 years ago.

Do you wish to retain the property?

Customer: replied 2 years ago.
Expert:  Clare replied 2 years ago.

Was the mortgage a repayment or an interest only mortgage?

Customer: replied 2 years ago.
It is interest only mortgage.
Expert:  Clare replied 2 years ago.

Sorry - you had said that.

Are you still paying it?

Customer: replied 2 years ago.
I am paying every month, have not missed any payment.
Expert:  Clare replied 2 years ago.

How much have you paid since you moved out?

Have you paid for any improvements or alterations?

Customer: replied 2 years ago.
Approximately 4000gbp in last 6 months in mortgage payments. Nothing spent on the alterations/improvements during this period.
I wish to know that would it be legal to rent the property out to cover the mortgage Payments and upkeep of the house?
Expert:  Clare replied 2 years ago.

What about improvements whilst you were living there?

Customer: replied 2 years ago.
Approximately somewhere between two to three thousand pounds spent on the maintenance etc
Expert:  Clare replied 2 years ago.

But nothing that increased the value of the property itself?

Customer: replied 2 years ago.
Nothing to add value. i am unaware of the exact current market value
Expert:  Clare replied 2 years ago.

Because you have already remarried you are no longer entitled to apply to the Family Court here in the UK for a financial settlement

based on your divorce.

Since you are not a joint owner of the former matrimonial home this makes it much more difficult to make a claim on the property.

Essentially your only option is to make an application using the Trusts of Land and Appointment of Trustees Act to argue that the

financial contribution you made by way of paying the mortgage and maintaining the property gives you a beneficial interest in the property

in the same way as a cohabitee might - details here

In addition if you actually wish to live in the property you could use the Children Act to gain the right to do so until your daughter is 18.

I hope that this is of assistance - please ask if you need further details