Help with mortgage advice for long term seperation

rach1981_2

Hi
I need some advice please. Dad started working in France in 1990. My mum and dad separated in around 1997. Mum has been paying the mortgage alone since just before then (and has evidence of this). The house was bought in 1986 and the mortgage now has only a small amount remaining and will be paid off in a few years. Dad now lives in another European country but mum and dad are not in contact and have not been for around 15 years. Dad is still joint signature on the mortgage as it was taken out in both names and legally they are still married (as Dad disappeared into Europe never to be seen again). Mum would like to either rent out her house or sell it, but has no idea what to do about it because dad may still be entitled to the house?
Can anyone please help?
Thanks very much.

Foxy-Stoat_3

Your Dad is still the legal joint owner of the house. Not sure on family Law about divorces when they have been separated for a long time, but if there is assets involved it will be complicated.

If you do not have a contact address for your Dad then you can partition the court to proceed with the sale without your Dad's signature but you need to take all reasonable steps to trace him and even then they may not agree. If you have a friendly,cheap solicitor it may be worth speaking to them.

Best thing your Mum can do is rent the house out and keep some of the rental income in a separate bank account just in case he ever makes a claim in the future.

rach1981_2

Thank you very much. we had thought it was going to be complicated. I think we would be able to trace him through his family but she doesn't want to pay to do that. I think I will go and see a solicitor and see what they think. rental might be the best way forward if she can do that without his signature!


Thank you again.

ethank

I take it you are not in touch with your dad. It may be wise to see if you can get hold of him. He could claim for up to six years of 50% of rent at anytime. Your mum could also claim for his missing payments so probably immaterial, however better to be in control of everything

Annisele

This isn't the question you asked, but mentioning it because it might be helpful - does your Mum have a will? If not, then it's likely that your Dad would inherit most/all of her assets if she died. If the house is held as "joint tenants" rather than "tenants in common" then your Dad would inherit the whole house regardless of what her will says.

As to your actual question, I think your Mum should seriously consider getting divorced and completing the financial split. As things stand your Dad could theoretically turn up at any moment and demand half her assets - he wouldn't necessarily get half, but he could certainly cause her a great deal of hassle with very little effort on his part. On the flip side she could try and claim half of his assets. IMO much better to get this stuff finally sorted than have it hanging over you!

I think a visit to a solicitor who deals with family law would be a good idea. Many of them will offer an initial half hour or so for free.

Floxxie

ethank wrote: »

I take it you are not in touch with your dad. It may be wise to see if you can get hold of him. He could claim for up to six years of 50% of rent at anytime. Your mum could also claim for his missing payments so probably immaterial, however better to be in control of everything

The mum could not claim for the missing mortgage payments as she has been living in the house.

mrginge

Floxxie wrote: »

The mum could not claim for the missing mortgage payments as she has been living in the house.

Course she could.
Just like dad could claim half the equity even though he's not been living there.

Making a claim is no guarantee of success of course

Floxxie

It doesn't work like that - Dad can claim part of the equity because he is a legal owner.

If you are living in the house, then you pay the mortgage - in effect you are paying 'rent' for exclusive possession to the non-occupier through the payment of their part of the mortgage.

Some separated people may come to the arrangement that the ex pays the mortgage in lieu of child maintenance or because they are the only named person on the title, they have to pay the mortgage, but neither of these (apparently) applies here.

rach1981_2

Hi
Thanks again everyone, It is great to read through and see the points you raise. There was no agreement when they split, we were left in the house and mum paid the mortgage and dad disappeared. We are not in contact. I was 15 at the time and mum had to retrain to enable her to get a better paid job so she could afford to keep the house and me. She couldn't afford at the time to chase him for a divorce and I am not sure that she could now to be honest. I will definitely find a solicitor for some advice as I think it needs to be sorted once and for all.
If we find him (and assuming he agrees), is buying him out for a set amount an option does anyone know?

Foxy-Stoat_3

rach1981 wrote: »

If we find him (and assuming he agrees), is buying him out for a set amount an option does anyone know?

That's a question only he can answer.

He will need to sign a Transfer of Equity and release his claim on any equity or demand release of some or upto 50% of the equity.