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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.

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