mortgage deeds adivce needed plz

lilmouk

hi all,

My mum is in need of some advice and i was hoping someone could help

as it stands my mum owns a property and has sole ownership after transfer of deeds to her name, as agreed by her ex husband.

The mortgage was taken out 16 years ago in joint names but was soley obtained on her wages. 2 years later (14 years ago) the deeds were then transferred to her name only whilst the divorcing him. Upon the divorce her ex husband relinquished all rights to the property and my mum transfered the deeds to her name

Now, 14 years after the divorce her ex husband wants half the property but back in his name.

Can he make a claim for 50% of my mums property?

Bossyboots

Okay, the first thing here is whether there was a clean break agreement sealed by the Court at the time of the divorce. If there was and it specifies that neither can make a future claim against the other, then no, he cannot claim half the property back.

If there is no agreement, then he can make a claim. Whether that claim would be successful would depend on all the circumstances at the time, in between, and now. Realistically, he would only make a successful claim if he can show a court that the original division of the matrimonial assets were unfair to him at the time or that he is suffering hardship now as a direct result of the divorce and financial split. After all this time, I would be surprised if he could bring a successful claim. Even if he had claim, that is not necessarily as much as 50% of the property.

The first thing to do then is check whether there is either a consent order or order made directly by the court in relation to the financial assets and if there is, that it has the exclusion clause.

If her ex is just stating he wants a share, then your mum probably just needs to do nothing. He might give up and go away. If he has instructed a solicitor she should ask that solicitor on what basis it is believed he is entitled to a share of the property now. Depending on how things progress, she may need to seek legal advice herself.

Ian_W

Two words to him, the second one is OFF! - your mum can chose the first depending how polite she's feeling.

I'm no lawyer but even if he had a case to get any part of the house and I seriously doubt he has any chance at all. After 14yrs of not contributing to the mortgage, upkeep expenses etc it would be at the value of the house 14yrs ago which would be a fraction of its curent worth.

If she's a worrier tell her to get some advice from the local CAB [citizens advice Bureau] but I'd be pretty sure he has no claim whatsoever on her property.

HTH.

EDIT: Bossyboots posted whilst I was typing, her's is a more informed reply than mine. However I still suggest the two words response.

Bossyboots

I absolutely concur with Ian's first and last paragraphs!

lilmouk

she has a land registry transfer document relenquishing benificial interest therein to the said. but any other court documents havent been found are there any specific titled ones i should tell her to look out for. thankyou very much , my mum is a real worrier.

Bossyboots

She should be looking for either:-

a) a Consent Order. This will be a plain paper document with the case details on it and the words Consent Order around the middle of the first page. It will then go on with various paragraphs stating the agreement reached between the parties. This document should have a court seal (stamp) on it, usually on the right hand side at the top of the first page.

It is very important that she finds these papers. If she used solicitors, they are unlikely to still have her file after all this time but it is worth asking just in case.

b) a court order. This will have been produced by the court and will have the parties at the top, with the court seal on the right. It will recite the orders made by the court for financial settlement. It may not be obvious just from looking at it that what it is, it will need reading through as it will look pretty much the same as some of the other orders that may have been made in the proceedings.