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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34473
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I need to sort out financing with my ex post divorce given

Customer Question

I need to sort out financing with my ex post divorce given the change in ourcircumstances and my needs. BACKGROUND I am divorced with 2 kids, we split the house, she lives with kids in it and i have them couple nights a week. When we divorced via mediation the maintenance arrangements were based on me earning and her setting up a new business with no earnings at that time. I am not earning having been made redundant and am setting up new business, she now has a very successful business and has access to plenty of money. I have not been paying maintenance. The diviorce was 'normal' to be paid till kids 18 or she remarries. ACCESS TO MY CAPITAL IN THE HOUSE - as i have no money, the capital in the house is my lifeline. I have asked for her to buy me out (she can afford it). She will do so if i pay back the maintenance. Although her earnings have changed she has demanded i pay my maintenance to the kids. I am aware i can change by court order my maintenance. But if my ex does not agree to buy me out, i will have no money to survive. I am not paying the maintensnce as i cant afford to. My questions - issues are can i force my ex to release the capital - buy me out - do i ahve any legal rights here? Or am i leaving myself exposed to her refusing to negotiate if i cant force her? My priority is getting access to capital, without that the maintenance just sits there, not paying maintenance makes no difference to my financial position. Its maybe a catch 22, do i have to just try and negotiate the best position on my capital in the house and do the best deal possible, in that not to negotiate and try and go legal will be counter productive ie, i reduce my chances of getting my hands on the capital/money i need? Please state legal position and my best options?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
What does the court order say about maintenance and your interest in the house?
Claire
Customer: replied 4 years ago.

Miaint £1200/month, £400 each kid, £400 to her. (I was on £80k when did the deal). House 40% mine, placed in trust. Comes to me when kids 18 or she remarries

Expert:  Clare replied 4 years ago.
Hi
How much are the arrears?
Claire
Customer: replied 4 years ago.

20k

Expert:  Clare replied 4 years ago.
Hi
When was the order actually made and what is your current income?
Claire
Customer: replied 4 years ago.

2002, No income - thast why i need the money - and to invest in my new business. My savings have run out, i have mortgage and outgoings of £3k on my flat, am not paying my £1 mortgage. im not in the strongest position., Again, can i use the law to get my capital out. I know i can change the court order but common sense says if i get my maintenance reduced then the negotiations maybe compromised - she wont offer to buy me out id be left with the options of trying to force the capital buy out from my ex - what is the legal position re me getting equity out of the house?. Ive informed you of the divorce arrangements - now i dont have any money but capital in the house which i need tio get my hands on

Expert:  Clare replied 4 years ago.
Hi
I am sorry I am not going to give you the answer that you wish to hear.
You cannot force an early release of the capital unless you do a deal with your ex - and with all the cards in her hands.
It woudl be sensible to make an immediate application for a downward variation of the child maintenance - and the dismissal of spouse maintenance - you can also ask the court to remit (cancel) the arrears - or at least some of them.
Claire
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Just to confirm if i decide to not pay my the maintenance my ex will not release funds, and my problems escalate immediately - as i have ran out of borrowing options. If the court cancelled the arrears it does not get me my capital in the house - please confirm, Thx

Expert:  Clare replied 4 years ago.
Hi
There is no procedure which will allow you to force the early release of the capital - you must balance that the best way that you can.
If you do not apply to reduce the maintenance then your arrears will escalate and your ex will no doubt try and recover them when you do get your capital.
A Rock and a hard place I am afraid
Claire