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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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 seperated from my wife 5 years ago and our divorse was granted

Customer Question

I seperated from my wife 5 years ago and our divorse was granted last november by the court, we have children 24,21,19 and a son who has just turned 16 and left school, hes applying for a college taking a sports course, my x wife still resides in the family home along with all the children and they (apart from my son) pay her rent.
what maintainance should i be paying my x wife and till when ? and when can i make her saell the house we both own?
thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What income do you each have?
Claire
Customer: replied 3 years ago.

 


 



Hello, Claire


 


When we mutually separated, we had joint credit card debts of 35000, I paid these off,


We had a new ford car in finance, I let my x wife keep the car a further year and paid the finance my self then offered her to take over the payments and keep the car, she declined and the car went back to fords.


 


I didn't take a thing from the house apart from cloths and a few pictures off my children.


 


We bought the house for £185,000 and I spent £120,00 rebuilding the house into a 6 bedroom property using money from my credit cards, loans and dividends from my company, My x wife contributed zero.


her working wages always went to her personal account and I paid all bills and mortgage.


 


 


On separation I continued to pay her (from my bank) £500 for the first year per month and £450 the second year per month, now £300 per month for my son who was 14 now 16yrs old far more than I was legally entitled to pay.


And then we had a separation agreement mutually that I would pay for the divorce, give her £2500 to buy a car, and spent upto £10,000 completing the house ready for sale (she agreed to decorate)at which point all costs would come from the house sale profit (inc my 10k) and the profit then split 60% to her and 40% to me.


I have spent the £10,000 and the house is ready to market, my x wife contra to the agreement hasn't lifted a finger on getting the house completed the agreement says she decorates I had to get that done and have all receipts for work done and items purchased.


And the house would be on market by june 2013.


 


The estimated profit from the house is £100,000


 


 


So from the separation she has had and would get


 


Her £ 50% of credit card debts paid off


£2500 for a car


Extra maintenance reducing until my son was 18 or out off education (actually he has now left school and has applied to go to college studying sports not to A level) so affectedly I dont have to pay any maintenance.


No outlay to get house ready for sale


and 60% profit from house sale roughly £60,000


 



She now refuses to sell the house and is demanding the whole £100,000 profit.


 


 

Expert:  Clare replied 3 years ago.
Hi
How much would a two bedroom property in the same general area cost and what income do you each have?
Claire
Customer: replied 3 years ago.

Earn 5800 a plus dividends where possible averaging 30k total per anum, have a 3 bed home for me and my children to stay and visit when they need, they stay over a lot. my mortgage is 780 a month plus 120 service charges plus other bills, also pay the x wife £300 a month for my son and pay for there cloths holidays and pocket money. she earns 22k a year plus 475 tax credits, 250 rent from eldest daughter, 200 rent from middle daughter and 150 rent from other daughter a 2 bed house in this area is around 140000 upwards

Expert:  Clare replied 3 years ago.
Hi
Will your 16 year old stay at home while he does the course?
Claire
Customer: replied 3 years ago.

hi, she wants him to stay with her, the course he is doing is not full time education and not to A level so realy he should also be working ? he can stay with me as own a 3 bedroom place and its kitted out for the children to stay

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you will struggle to force a sale of the property before your youngest is 18 as his housing needs are seen as a priority (and no he is no expected to work I am afraid)
However once he is 18 the suggested division of the equity is generous and likely to be accepted by the courtt
If your ex will not agree to a settlement then you can make an application for the financial issues to be dealt with within the Divorce Proceedings
I hope that this is of assistance, please ask if you need further details
Claire
Customer: replied 3 years ago.

hi clare thanks, we have been divorced since november 14th 2012 and the house percentage split was part of the divorse, when my son is 18 surley he house profit gets divided 50% each

Expert:  Clare replied 3 years ago.
Hi
Sorry do you mean that there was actually a Financial Order made within the Divorce Proceedings?
Claire
Customer: replied 3 years ago.

I used an online divorse company and the last thing to be arranged was the clean break contract, that as yet hasnt been completed although divorse was granted nov 2012.


We had a mutual written and verbal agreement (i have the letters and emails) as to how to proceed with house and contents and assetts.


The agreement was that I paid to get house ready to market (upto 10k) and she covered decorating and cleaning.


I gave her £2500 to purchase a car (as she was supposed to be using it to run the children around)


Then when the house sold she would receive 60% of the profit from sale after all costs where removed.


It was also agreed that i would cover all the credit card and other debts we had when married.


 


At that time we estimated her 60% to be 80k to 100k but the house isnt yet completed and prices have fallen, costs have risen, so now her 60% is closer to 60k she has gone back on our agreement and is demanding 100% of the profit and wont pay back the 10k i invested or the £2500 i gave for her car.


 


 


none of the above was given to courts


 


 

Expert:  Clare replied 3 years ago.
Hi
I think there is a real risk that it will be a 60/40 split in her favour - but you could try for 50/50
Claire
Customer: replied 3 years ago.

ok but she demand 100% and she has to pay me back the 10k and 2.5k for car ?

Expert:  Clare replied 3 years ago.
Hi
She will not get 100% so do not agree to it
Claire
Customer: replied 3 years ago.


is this a case you would consider taking and completing ?

Expert:  Clare replied 3 years ago.
Hi
Very sadly we are not allowed any contact outside of this question and answer forum
However you have a very good case so please don't settle for less than 40% no matter what
Claire

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