Found out name still on Deeds - What Next?

alisara

Posted this on the Mortgages section, they told me to post here to see if anyone can help.I hope that I am posting this on the correct forum, and if so can anyone out there help?

I bought a house with my now estranged husband 13 years ago. 10 years ago we split up (not divorced as he is nowhere to be found). Circumstances of split were terrible I left house along with my daughter and have been living in private rental ever since and at the end of my tether.

I was receiving maintenance until 4 years ago and recently CSA enforcement team have been chasing him.

This morning I received a phonecall from CSA to tell me that I am still on the deeds and mortgage etc of the house - I near died of shock. They told me it was with Santander but they had no other info.

I called Santander and yes I am still on the deeds and it is my home.

They are going to send me the account details shortly.

Problem is what now, I can't afford a solicitor to sort this, nor can I get legal aid (I am a single mum and work).

I think the house should be sold/or at the least my dd and I could move in? (as we are in private rental and its crippling us financially)

Any one ever been in this situation?

P.s the mortgage is paid no arrears (he is not living there and no-one is renting it)

I live in N.I

BitterAndTwisted

You co-own the property so of course you can move back in. What the consequences of doing this as far as your husband is concerned is anyone's guess. Can you afford to make the mortgage-payments yourself if he stops doing so?

antrobus

Following in on from https://forums.moneysavingexpert.com/discussion/comment/46033035#Comment_46033035

alisara wrote: »

This morning I received a phonecall from CSA to tell me that I am still on the deeds and mortgage etc of the house - I near died of shock.

Well of course you're still named on the deeds and mortgage. You'd have remembered signing over the house to your ex-partner and getting a notification from the lender that you'd been released from the mortgage.

The normal course of events in your circumstances would be something like;

- you leave your husband
- you sue for divorce
- court awards you the matrimonial home, with an order for sale and a distribution of the proceeds when your daughter comes of age,

or variations thereof.

It is, of course, just as much your house as it is your estranged husband's, and you're perfectly entitled to live in it. Whether it is as empty as people think it is, is another question.

The issue here is that there has been no divorce and therefore no decision regarding the disposition of the former matrimonial home. I don't think this is a property question; it's a divorce question.

G_M

I'm surprised it's taken you 13 years to realise you are the part-owner of a large asset!

Find out if the mortgage is up to date or in arrears. This will affect your planning. As the mortgage is in your name, a simple call/visit to Santander should be all that's needed. Is it still being paid? How much is it per month?

Find out who is living at the property. Your ex? A tenant (he may have moved and rented it out)? Someone else? Empty?

Only then can you decide whether to move in (can you afford the mortage?); or to evict a tenant (tricky - depends on their contract); or to start collecting your half of the rent the tenant pays; or to speak to your ex and agree to sell; or ... or....

moneysaymoneydo

Your ex can also move back in!

princeofpounds

Very interesting...

It is indeed a divorce question.

You need to be a bit careful over how you approach this issue, as you have a number of strategies available to you. You might be able to win residency rights for yourself and the children in the house until they are old, or alternatively you might be able to force a sale and split the assets somehow.

As you are on the deeds you are free to enter the house at any time and use it as you see fit, but if he is on the deeds you can't deny him access without some sort of court order.

G_M

princeofpounds wrote: »

Very interesting...

It is indeed a divorce question.

You need to be a bit careful over how you approach this issue, as you have a number of strategies available to you. You might be able to win residency rights for yourself and the children in the house until they are old, or alternatively you might be able to force a sale and split the assets somehow.

As you are on the deeds you are free to enter the house at any time and use it as you see fit, but if he is on the deeds you can't deny him access without some sort of court order.

unless there is a tenant with a genuine tenancy living there.... be careful!

DVardysShadow

G_M wrote: »

unless there is a tenant with a genuine tenancy living there.... be careful!

There can't be a genuine tenancy, because this would require the OP to authorise it. But if there is a tenant in there, they will have some rights, so it is necessary to tread carefully.

alisara

Thank you all for your replies - they have been great. It was a bit of a shock to me today believe it or not to find this out.

I left my husband 10 years ago due to awful circumstances, could never find him to start divorce proceedings and I do not know how to put this but he put dd and I through the mill and I don't want to go into this but he and his family did give the impression/talked me down that it was his house and nothing to do with me.

Now 10 years later the csa (at last) are doing something and whilst checking if he owns any property told me I own it as well. Now I am older and wiser my daughter is a teen, and living in rotten private rentals moving each year.

I called Santander today and they have informed me that the mortgage is paid, also the mortgage is less than half of what I pay for the dumps I live in so affordability no problem, I work full time and majority of my money goes on rent (dont qualify for hb)

I am cross at myself for being frightened at not pursuing him but was made to feel 10 years ago by husband and family house isn't mine as I left.

I need to see a solicitor I think, which will be good crack as I can't afford their fees nor can I afford legal aid.

Sorry for this post, I just feel so sad and needed to vent, think I will pop it onto families board - thank you all:o (maybe I can get out of this private renting mess)

poppysarah

alisara wrote: »

Thank you all for your replies - they have been great. It was a bit of a shock to me today believe it or not to find this out.

I left my husband 10 years ago due to awful circumstances, could never find him to start divorce proceedings

So he left the house too?

Have you since found out where he is?

Keep asking for child support - that will keep him hidden! (Sorry very cynical there)

alisara

Hi Poppy, thanks

No I didnt ask for child support - csa contacted me out of the blue (i did get payments up to 7 years ago and then he disappeared off the face off the earth) they told me they had my details from child benefit.

Anyway they told me they are the enforcement team, and they went for a liability order etc and got it.

I don't know where he is so not easy to get a divorce - and I didn't (its hard for some people to understand) think of getting a divorce to protect my daughter etc....... now she still is only a young teen so feeling wary, but again we need a permanent home/or even a deposit