Property question

[Nannadiva]

I'm separated from my husband and sorting out a divorce. He is living in the marital home at the moment. When we were together I was a student and therefore couldn't afford to contribute to the mortgage, neither is my name on the mortgage. I have registered a Caution with the Land Registry on the property, but have since found out that he has remortgaged it without telling me, put the house on the market, paid off his debts and put a deposit on another house. I've said that I don't want 50%, but if there's no equity in the property now, what's the chances of getting any money at all from the house?

[themas]

This should be sorted out as part of the "ancillary matters" in the divorce. He cannot sell the house without your caution being dealt with any way. His debts (and yours) may well be treated as part of the "pot" to be dealt with in sorting out the finances, as well as the equity in the house. You probably have some claim on part of the equity, but this can depend on a lot of factors.

Talk to the solicitor dealing with the divorce for you.

[lady_p_gold]

When you say deposit on another house, not sure what you mean, if he has put in an offer and it is accepted then it means he has not bought it yet, unless you mean he is going to pay a lump sum and take out a smaller mortgage ... anyway my point is that you will have just as much claim on that house as it will still be part of the marital assets ..... don't sell yourself short it makes no difference whether you paid towards the mortgage or not. You say you were not on the mortgage but was your name on the title ? If I were you I would stay firmly put, do not allow the house to be sold as he seems as if he has been underhand. If you were on the title then he should not have been able to remortgage it without your signature.