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Legal matters

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Any property lawyers about?

4 replies

MyGhastIsFlabbered · 13/05/2020 10:37

I’ve got a bit of a complicated situation and I’m not quite sure who to approach about it. I live in a shared ownership property...I own 40% outright but that part is held in a trust for my children as part of the divorce settlement (my ex refused to give me any money 🙄)
Anyhow, I’ve met someone and we’d like to live together. He’s currently renting a 2 bedroom flat so moving into mine makes most sense. But my boyfriend is understandably concerned that if anything happened and we split up he’d be unprotected and I could throw him out. We’re looking at getting married but I don’t know if legally that would protect him.

Options I’ve started considering are if he got a mortgage on part of the remainder of the house, or if we sold the shared ownership house, and used the trust equity on a new property. Would that help him?

But equally important, I can’t risk losing my children’s home if we split up. So I just don’t know how to resolve this, other than us not living together/getting married, which neither of us want.

Can anyone help me unravel this or do I really need specialist advice? And if so, do I need a property or a trust lawyer?

OP posts:
Collaborate · 13/05/2020 11:31

Family lawyer here. This is not something you can resolve.

How on earth did you manage to gift your interest in the property to your kids as part of the divorce? I don't know of any judge who would have approved such an arrangement, in part for the reasons you are now experiencing and in part because the court cannot benefit the children at the expense of the parents.

MyGhastIsFlabbered · 13/05/2020 19:04

I didn’t gift my interest, it was never mine to gift. My ex was a complete git and dragged this through the courts for nearly 3 years trying to avoid providing a home for his children. I was running out of money for court costs (or my dad was - he covered my costs) and my ex really would have dragged it on until I gave up. This honestly was the only way I could secure a home for our children.

OP posts:
MarieG10 · 14/05/2020 06:28

Despite your difficult ex, I also an staggered any judge allowed that as a settlement as it was effectively coerced

Luzina · 14/05/2020 06:36

You need advice from a solicitor.

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