Found out I am on deeds of property - What now, help!!!

alisara

Warning - Long

Posted this on mortgages and buying and renting forums, but maybe this is the best place.

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, been on housing executive list for many years but we are not a priority possibly because I work full-time and they say i am not homeless.

At the time as I left with my dd, husband and his family led me to believe (i was naive) that the house was nothing to do with me as he paid the mortgage.

I was receiving maintenance until 7 years ago and recently CSA enforcement team have been chasing him - and have recently got a liability order.

This morning I received a phonecall from CSA (they were asking me did I have any leads which I dont) 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 (Santander tell me that there are no tenants there and the mortgage is paid).

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) other problem is split was awful and slightly scared off him still, and worried for my dd.

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, whereas the mortgage is less than half per month of what we pay in private rental)

Any one ever been in this situation?

P.s (he is not living there CSA say and by the way I did not contact csa about him they took it upon themselves and contacted me through my child benefit details, I did get monthly payments until 7 years ago until he vanished off the face off the earth)
I live in N.I

Pee

You need a solicitor and when the house is sold and you have your share there will be money to pay them. You are not going to be able to sort this out without a solicitor because it will be very difficult to work out a fair settlement for you both. There are a lot of issues here and your best way forward is to get proper advice.

ceegee

If you cannot afford a solicitor, maybe you could get advice from a housing charity such as Shelter.

Some areas have community legal advice centres, where you can speak to a solicitor for free.

Do you have access to legal advice through your place of work, via a Trade Union or something similar?

I know there are long waits for appointments, but what about the Citizens Advice Bureau?

I can't think of anything else at the moment, but I would certainly pursue this matter if I were you.


PS How and by whom is the mortgage being paid? Is it paid off completely or is it that the monthly payments are still being paid regularly?

I believe that after 7 years of untraceability a person is legally presumed to be dead.

alisara

Thank you Pee. Going to take a run over to the house shortly with my sister to see if he has any one living there as tenants. Santander told me there are no tenants there but he may well have someone there as a tenant.

Will see if I can find a solicitor - would a solicitor help me especially as I have no money to pay them now?

Bit scared off them actually as when I left husband he tried to get my dd through the courts and this went on for 2 years - he didnt get dd and once courts told him he could only see her supervised he vanished and I have not seen him since, and nor do I want to.

All over the place now, as this is bringing back all my old fears

Bettie

alisara wrote: »

Warning - Long



At the time as I left with my dd, husband and his family led me to believe (i was naive) that the house was nothing to do with me as he paid the mortgage.

Who has been paying the mortgage?

Can you remember signing anything legal 13 years ago ? My ex's name was on the mortgage and the deeds for 25 years but he had nothing to do with the house as such because of signing the beneficial interest to me.

alisara

bettie, thks for you reply, (as stated he is paying the mortgage) just drove by and parked up with my sister - there is a tenant there!!!!!!!!!!! (and no not him) the place is in a mess, peeling paint, garden overgrown I could go on........ (actually not unlike my own rental lol!) and Santander have definitely said no tenants there, anyway not surprised.

No I didnt sign anything legal Bettie, I bought the house along with husband I fled with dd as explained - bank have confirmed as have the csa (they were looking at his assets) that my name is on the deeds

think i will have to look for some free legal advice

suzyp1982

Id be surprised if you could sell it on your own. i would presume you would need both signatures

alisara

thanks suzy, I know that and thats why I am frightened of being in contact with him again - I assume that is the reason why he has never sold it in the first place. I just think he is rotten though my dd and I have really suffered in private rental financially (in a rotten damp place) and as I do not qualify for hb, (like lots of others I would say) most of my money goes in paying landlords. Maybe with a sale I would have enough to give my dd a perm home, anyway will call solicitors to see what can be done, thinking there most be some who would take a case on and take fees from a sale?

Darlyd

alisara wrote: »

thanks suzy, I know that and thats why I am frightened of being in contact with him again - I assume that is the reason why he has never sold it in the first place. I just think he is rotten though my dd and I have really suffered in private rental financially (in a rotten damp place) and as I do not qualify for hb, (like lots of others I would say) most of my money goes in paying landlords. Maybe with a sale I would have enough to give my dd a perm home, anyway will call solicitors to see what can be done, thinking there most be some who would take a case on and take fees from a sale?

I have heard of that happening before. But perhaps you should try and find where DH is before you pay for a solicitor, could end up with false leads, Perhaps wait until CSA find out where he is, if they can?

Am sure there are free charities out there offering free advice, here in leicester we have CAB and helping hands, both have a solicitor there few days a week giving free advice etc. What area are you in? Perhaps someone here may know?

Would be fantastic if it all works out well for you.

Good luck

alisara

Thanks! Darlyd - no I don't know where he is (believe it or not still not divorced because he cant be found and at present I cant afford legal fees, also I dont want him near dd or I).

I live in N.I, so I do not know if any solicitors can help but will give CAB a call in the morning.

jackyann

Yes, I have come across this before, and suggest that another port-of-call might be your local Women's Aid Centre. Although you are obviously safe now ( all praise to you) this came about (I infer) because of some sort of abuse.
Not only do the lay helpers at Women's Aid tend to have a good knowledge of this sort of thing, they also have access to a small amount of free or cheap legal advice - again, solicitors who know about this stuff.
They can also help you around the legal issues of separation & divorce when there is no contact, which sounds as if it might be helpful.