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This question is relevent to UK law.

Two years ago I was awarded 100% equity in our family home in my divorce settlement. Then it came to light that my ex husband had taken out a secured loan on the property without my knowledge.

This meant that I had to have the loan companys consent to the change of name of the deeds. When they were contacted they refused as, after taking the loan, my ex had not made a single payment and there were 7 months arrears on the account.

I now wait to see if they will force sale of my home.

My question is: if the house is sold there will be an amount of money left over.

Even though a judge has given me all the equity on paper (less that owed to the loan company of course) the deeds have not been changed to show only my name. Does this mean that my ex technically still owns half the property and thus is entitled to half of the funds that remain? Or, is the Court Order awarding me the equity sufficient for me to retain any money that is left over?

If anyone can advise I would be really grateful. Its bad that I may lose my home but paying his loan (which is over £30k) and giving him half the remaining equity would be akin to chewing broken glass!
I took him to court and a judge ordered him to make the payments. He believed that it wasn’t my signature on the form but the loan company refused to remove the charge from my house. It was down to my name against his and impossible to prove.

I know there will be money left (after his loan is paid) but my question is am I entitled to keep all of it – or do I have to split it 50/50 with him?

Is this loan even legal if it was taken out without your knowledge? You need to seek the advice of an attorney.

Whether there will be any amount left over if the property is sold depends on the math. Subtract how much is owed on the loan from how much the house sells for.

UK only

That is fraud, if charged then it potentially comes with a custodial sentence.
More likely is a large fine and a criminal record.

What criteria do adoption agencies use (in UK) to judge whether you are allowed to adopt?

My partner and I have a fairly large amount of debt with our mortgage, loan, student loan and 2 credit cards. However, we have NEVER missed a payment and do not struggle for money. We make all relevant payments on a monthly basis and still have plenty of cash left over which we have been saving for maternity leave/baby things. During the 2.5 years we have been trying to conceive, many of our friends and family have fallen pregnant and had their children, and most of them have kept hold of things for us for when we finally have a child. So we already have pram, cot, changing units etc (although we would still like to choose and buy most of our own things).

So, do they base their judgements on the amount of debt, or the amount of actual cash we have?

We have good secure jobs, I am a qualified accountant and he works in IT.

Also, how long were you on the waiting list for before you got your child? and in which area of UK are you?

I haven’t adopted but it shouldn’t matter that you’re paying off debts. What’s more important is that you’re managing your money, have a home, jobs and can still afford to raise a child.

How long you’re on the waiting list depends on what age group you want to adopt from and if you’re willing to adopt a sibling group. For example the wait is longer if you only want to adopt a baby, which it sounds like you do, whereas if you’re prepared to adopt an older child from the age of 2 + it’s probably a bit quicker, 4 – 5 + the same.