Your legal questions answered by Fahmida Ismail, Partner, Sydney Mitchell. As published in the legal pages of the Birmingham Post, January 2013.
Q. Fifteen years ago my husband stole money from his employers while suffering from depression. His employers told us if we signed a form putting a £15,000 second charge on our property they wouldn’t inform the police. We’ve been paying £100 a month but now they say the debt has risen to £50,000.
A. Is this a genuine second charge on your home? Show a copy of the form you signed to a solicitor, and check whether the charge is registered at the Land Registry. Your solicitor will also be able to advise you whether your husband’s employers are entitled to now demand additional money under the terms of the agreement, and whether the debt is enforceable against your interest in the property as distinct from your husband’s. This may be an issue if you did not receive advice independently of your husband before entering into the second charge.
Q. I moved into my partner’s house 15 years ago. We go 50/50 on everything. She has taken out £50,000 from the house on an equity release plan, and says I’m not entitled to any of this since the house is in her name.
A. Even though you are not registered as joint owner you may be entitled to an interest in the property if you have made significant contributions to the running of the house – for example mortgage payments, improvements etc. If you can’t reach a compromise with your partner and want to claim any part of this money you will have to go to court. You could try registering your interest at the Land Registry as a restriction. Your partner will then be unable to take out further loans against the house or sell it without your consent.
Q. Two years ago I started working for a company working a minimum of 20 hours a week. I worked extra hours covering for other people, but this year I had to take early retirement. However I only received one-and-a-half days’ holiday pay which they described as being paid “pro rata” according to the amount of the year that had elapsed. I am sure this cannot be correct.
A. You are not entitled to carry over one year’s holiday to the next without agreement from your employer. So if you left shortly after the start of the firm’s “leave year” the small amount of holiday pay may correctly relate to the proportion of the year worked. Holiday pay is based on contractual hours, not the hours actually worked. Any holiday already taken will of course also have been deducted. Check your contract and discuss this with your former employer.
For further information on any of these issues, please contact the Sydney Mitchell team of specialised lawyers on 0121746 3360 or fill in our online enquiry form.
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