Hi, I was wondering if someone could help me. Mortgage is solely in his Ex''s name but partner has noticed that his name is not on the deeds (has no idea how they were removed) and he has a 36% share in the FMH to be sold when his son is 18. We already think that his ex has re-mortgaged as lots of nice things have been purchased including a new car.
When I rang the Land Registry asking them what wording should be used to have his name put back on they said they could not help and to go to a solicitor. Great help, we can''t afford one.
I was wondering if anyone can help with what he should put on the form as apparently if it is not worded correctly, they will reject it.
Why does he think that he has a 36% interest? If he''s not party to the mortgage, he''s not a joint owner. When he was released from the mortgage, he will have ceased to be a legal owner. Now he may well still have a beneficial interest and that should have been protected by a registered charge, rather like a second mortgage. Was a charge ever registered?
Sorry, my wording, I do not really have much understanding of all this (my partner even less, hung out to dry by the sols who represented him as far as I can see) I have never been married and after seeing what my partner has been through, would never marry either. In the court order it says upon his son reaching 18 the house is to be sold and 36% of the equity it to go to my partner. He pays a high level of SM for this, he was married for 2 years, she threw him out after 18 months, and got the baby she needed!! And he has to pay SM for life.
I am guessing then he should have a registered charge then or something to protect this interest.
If there is a charge registered theb she would nor be able to dell without his knowledge. She could remortgage if the mortgage is in her sole name but would not be able to take out a mortgage that exceeds her share. The important point here is how the 36% was arrived at and the conditions surrounding it.
Thanks for your response. To be honest it''s all as clear as mud to me, I was not around when all this was going on. My partner hasn''t a clue either (that is the scariest part, he didn''t even know that he had a joint lives SM order until I pointed it out to him) it doesn''t say anything else in the order except what I have written below. He is not a big earner was on 28k when divorced (not on much more now)and has to pay 850 per month and she gets to stay in FMH until son in 18! I get to subsidise him and pay to bring up our daughter We can''t get a bigger mortgage because of his 850 payment so we are stuck in a 1 bedroom flat whilst she is in a 3 bedroom house.
Surely if she re-mortgages that is going to affect his % equity if she has a repayment mortgage? I am presuming that this is why he is paying so much SM? Oh this is all so confusing to me, I have never wanted out of something so much, but it''s difficult when children are involved.