Hi the deed of covenant was drawn up when my ex and i bought the new joint property the money came from me remorgaging my own property I want the money to go back into my property so i and my grown up sons can live there my ex has his own property in his name which he could live in i remorgaged my property to put down a good deposit for the new joint property and went on a interest only morgage i want the money back so i can put it back into the property it came from so i have some where to live now and when the morgage term comes to a end otherwise in 15 years i will be home less where as my ex will still have his property to live in HELP:unsure:
Was this post written in reply to my previous communication ? I thought it probably was.
You say your ex has somewhere to live, so presumably his housing needs are satisfied. You say you re-mortgaged your previous property to raise money to put into your new joint home.
Do you still have this property ? Is it an option for you to live there ? What is to happen to the family home ? Is it to be sold, or will one of you occupy it ?
I don't know enough to be able to offer sensible advice. It looks as if you have been married a very long time, and with long marriages, the Courts are much less likely to worry too much about who originally provided what. The important point for you to remember is that both of you need a home. Of course you can always use the argument that, if he thought the deed of covenant was fair at the time, why does he think it's not fair now ?