Divorce/Financial Problem - Advice please

shoe*diva79

Afternoon

I am asking on behalf of a friend, hopefully someone will have been in this position or can advise..

Brief background, friend married with 1 child. Own house jointly with husband. All seemed well in all aspects of their life. In 2009 my friends husband was made redundant from his job and received quite a substantial settlement. Friend and hubby decided to live their dream and emigrate to Australia where friend has family.

Visas all sorted and friends hubby goes to Aus to start looking for work and property to buy. Friend stays in UK with their daughter to sell house then will follow him out there. 2 months later, as friend is about to go to Aus for a 6 week visit she receives a message from her hubby to say not to come, he has met someone else in Aus.

It then comes to light that he has remortgaged the house without friends consent taking all the equity to Aus with him, along with taking his redundancy money. Friend also left in credit card debt as joint CCs were in her name with him as a additional card holder.

Friend served divorce papers on him. He refused to sign so next year she can divorce without his consent. But what will happen to house?

He hasn't paid a penny towards the mortgage since he left in 2009. Friend is in the last year of a IVA. She doesn't want to sell the house, she can afford to take the mortgage over herself (has been paying 100% of the mortgage since 2009). There is no equity in the house as where he remortgaged to the hilt, she has been paying interest only.

What if he refuses to let her take on the mortgage? Can she get him removed from the deeds? The mortgage company knows he isn't there anymore if that makes a difference.

Any advice would be most welcome.

BitterAndTwisted

If the property is jointly-owned how did he manage to remortgage and take out the equity without her signature on the documentation?

Tigsteroonie

Join the Wikivorce forum & ask this on there - it's a lively forum with some very knowledgeable people.

princeofpounds

If the property is jointly-owned how did he manage to remortgage and take out the equity without her signature on the documentation?

This is a very relevant question

FBaby

princeofpounds wrote: »

This is a very relevant question

That and to be able to transfer the mortgage to her name only (assuming he agrees to that), she will need to show she can afford not just the interest but the repayment too according to the mortgage lender methodology.

What a horrible man

shoe*diva79

BitterAndTwisted wrote: »

If the property is jointly-owned how did he manage to remortgage and take out the equity without her signature on the documentation?

I shall ask her the queestion and comes back to you...

shoe*diva79

FBaby wrote: »

That and to be able to transfer the mortgage to her name only (assuming he agrees to that), she will need to show she can afford not just the interest but the repayment too according to the mortgage lender methodology.

What a horrible man

She could afford the mortgage on her own. She is on a decent salary but if there were any problems then a family member would be happy to also be on the mortgage.

My friend is also due an inheritance in the next few years from her father who is quite poorly right now.

Valli

shoe*diva79 wrote: »

My friend is also due an inheritance in the next few years from her father who is quite poorly right now.

She needs to be aware that her husband (I believe they are not yet divorced) could quite legimitately claim half of any inheritance. I was given to understand that even if an inheritance comes through after a divorce an ex-spouse can claim a share.

itsanne

Valli wrote: »

I was given to understand that even if an inheritance comes through after a divorce an ex-spouse can claim a share.

I'm not sure that this is correct.

RAS

itsanne wrote: »

I'm not sure that this is correct.

Unless the friend ensure a proper financial settlement and "clean break" then the ex can come back for a second (or third) helping if the friend inherits.

Wikidivorce would be a good starting point but the friend needs some good advice from a lawyer to protect herself.

shoe*diva79

OkAy, friend has responded:

I did not know he had done it. I knew we were changing the mortgage to interest only and the additional money was to go in the Aus pot which is what I thought I signed for, but I didnt check the papers and he took the money. I only know where £300000 went, the rest, no idea.