My ? House

  • Thread starter Denise Dilke
  • Start date
D

Denise Dilke

Guest
About 13 years ago whilst going through a divorce I was forced to sell our house and buy a smaller property that I could afford the mortgage on, house prices were dropping and it took 3 years to sell the house, by which time I was behind with the mortgage payments having had no help or money from my husband after he left.
On finding a small terraced property that required attention, I was only able to afford to buy if all the proceeds of the sale on larger property were put down as deposit, I had 3 children, 1 who was autistic and classed as severly disabled, I was working full time and with the help of friends was able to manage, just.
As the divorce was being finalised my ex husband allowed his 1/4 of the proceeds (£3750) to be used to allow me to purchase the new house, taking out a mortgage that I could afford for £22K.
Because I was in a desparate position I agreed and everything went ahead, providing I made no further claim on my now ex husband, who retained a 1/4 share in my house.
Two years ago my ex husband died without leaving a will, I have no idea if he left anything, he had a new family to look after.
What has occured though, I have been paying an interest only endowment policy that was seriously under performing, so looked into remortgaging, on checking the deeds the 1/4 share came up and it was decided that it was passed on death to his new wife, and I apparantly cannot alter or encumber the property with any further loans or mortgages unless the 1/4 share is paid off. (now approx £20K)
I only earn £11K so at 54 years old cannot raise the amount required on a mortgage anyway and don't know what if anything I can do, the house needs work again (new heating).
My disabled daughter now lives in a home but visits regularly, it seems that if these visits stop or anything happens to her, the house can be sold and I could be homeless, not having enough money to buy another property.
I don't know how anyone could be trapped in a situation like this, I can see no way forward, could anyone advise please.
 
From your post, I suspect that you are living in the UK. If this is the case, It should be pointed out that this forum is based in Ireland and people here, are unlikely to be able to give you useful advice.

Good luck with your issues.
 
Denise Dilk, I would advise you to go back to the solicitor you used for your divorce. It seems odd that your ex husband was able to retain an interest in your home when you had agreed a clean break. You were not to make any more claims on him for maintenance but he retained his name on the deeds of your new home. Were you aware of this at the time? Something doesn't sound right there. Presumably the house was bought as "tenants in common" and not jointly? otherwise this situation would not have occured. If you were not aware of what you were signing or you did not fully understand the implications, you now need to see that solicitor or the solicitor who done the conveyancing. Did your husband contribute to the upkeep of the house? pay any of the bills? If not I dont see where the £20,000 comes in. Just because he paid £3750, would not mean he is /his widow is entitled to a quarter share of your home now. I believe you could dispute this. Get hold of that solicitor. What was he thinking of letting you agree to an arrangement like that.
 
As suggested above, this seems to relate to the UK. There is no 'clean break' divorce in Ireland. Nor, for that matter, was divorce in existence in Ireland 13 years ago.
 
Back
Top