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Would I have any rights regarding this house?

(7 Posts)
DinosaursOnASpaceship Mon 17-Sep-12 13:36:57

ExH and I bought a house 6 years ago.

We divorced 4 years ago and I moved out. He lives in the house and the dc live there 50% of the time.

I didn't have a solicitor when we divorced it was very quick and easy and the issue of the house was never dealt with.

My name is still on both the deeds and the mortgage as far as I know - unless he was able to remove me from them both without my knowledge at a later date?

It's not an issue at the moment as the house is in negative equity and he has no plans to sell it.

But, in the near future I will be considering making a will and was just wondering where I stood in regards to the house.

I haven't paid anything into the house for 4 years.

Collaborate Mon 17-Sep-12 13:53:12

I would reckon that he'd end up with the house if you get deal with it under the divorce.

If he dies, there may be life cover held in connection with the mortgage.

While you're still on the mortgage you may not be able to get another mortgage, so it might be worthwhile looking in to it now.

getoffthecoffeetable Mon 17-Sep-12 13:58:36

You should get some legal advice about it now really rather than waiting, then you'll know where you stand.
If you're still on the mortgage and your ex stopped paying the mortgage for some reason or was late, not only will it affect your credit rating but you'll also be held jointly liable for the debt. Def get some legal advice.

getoffthecoffeetable Mon 17-Sep-12 13:59:45

P.S. To find out if you're still an owner of the house, you make a search with the land registry, it'll also list on there what mortgage there is on the house although not the amount loaned.

DinosaursOnASpaceship Mon 17-Sep-12 14:04:13

Thank you, I will have a search online for the land registry. I'm pretty sure I'm still on it though.

I think I have life insurance with the mortgage too, if I'm still on it. I vaguely remember exH saying he would have to buy me out years ago if he wanted to take my name off for a £1 or something, but nothing was ever done about it.

I will have to ask him (exp) for the paper work regarding the house so I can get a free half an hour with a solicitor.

sneezecakesmum Mon 17-Sep-12 19:28:49

If its in negative equity would your ex remortgage in his sole name? At present you are gaining no benefit from the house (except in relation to the DCs having a home) but you are liable to any default on the mortgage should your ex stop paying. Its in your name still so you are still liable for the debt!

He cant remove you from the deeds or mortgage without your consent.

You definitely need legal advice either way to deal with this.

TheFamilyLawyer Mon 24-Sep-12 17:42:45

If you are divorced but there was never a clean break order made (which i assume to be the case) the financial claims both parties have against each other remain open. this creates future uncertainty and should be resolved.

In repect of the house, as getoffthecofeetable corectly points out whilst your name remains on the mortgage you remain jointly liable for it. Likewise, if there is no clean break and the house value increases you potentially still have a claim on it, aswell as any other assets including pensions...this of course goes both ways.
I would urge you to get some legal advice regarding your position.

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