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sale of a house

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linbin | 16:49 Wed 19th Sep 2007 | Civil
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i am still married, but separated over a year ago. we had a family home which i signed over the deeds to him months ago, because at the time of the split he kept attempting suicide(3 times), so i did not want to be liable for a mortgage for a house that i was not living in.
if he sells it can i have any claim over the equity?
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You should really have taken legal advice at the time and surely he would have had life insurance .. anyway I suspect it might be too late now and you have signed away your rights, however I would hurry along to a solicitor pronto. You would also be entitled to a split of his pension if he has one.
You need to seek legal advice.

You would have to argue that either there was an agreement that you would transfer ownership to him immediately provided that the equity would be divided as part of the divorce settlement, or that you were acting under duress at the time of the agreement and the agreement is invalid.

A good solicitor should be able to argue that any settlement should be based on the value of the property at the time of separation.

Are there any children involved?
I wouldnt worry about you having signed the deeds in his sole name. Though on paper he is needed the owner of the house and the value of the house, but you might well be entitled to part of the equity. Factors that will help in your claim are: did you help pay the original mortgage? , did you pay any bills? , did you incur any other expenses with relation to the day to day running of a matrimonial home?
The only factor you have going against you is that you seperated a year ago and are now laying claim to equity. But as Plowter quite rightly points out, a good solicitor might well succesfully argue a settlement of the vaule of the property at the time of the seperation.

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