How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask familylawexpert Your Own Question

familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
75281287
Type Your Family Law Question Here...
familylawexpert is online now

My Daughter and her husband separated and subsquentially divorced.

Customer Question

My Daughter and her husband separated and subsquentially divorced. The divorce settlement is if and when the house is sold, my daughter gets 70% of the proceeds and her ex 30%

But because the ex stopped paying the mortgage over year ago, I stepped in and have paid over 8,000 pounds.

My question is - Do I possibly have a claim against the ex's 30% ?

Regards David
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,
My name is Mac and I will be able to help you with your question but first I need a bit more information:

1. What is the value of the house (and amount of the mortgage)?

2. What is the monthly mortgage payment?

3. If you have seen,it, what does the Court order say about:
(A) the payment of the mortgage
(B) the payment of any other expenses on the house prior to sale.

4. We're there any discussions (or emails), with the ex-husband by you or your daughter at the time that you started paying towards the mortgage.

5. Is the mortgage interest-only or repayment?

.
Customer: replied 3 years ago.

1 ) 240 mort 110


 


2 650


 


3 Haven't seen it


 


4 no discussions by me, can't say for my daughter


 


5 repayment

Expert:  familylawexpert replied 3 years ago.
Thanks for that information. One more question: what does the order say about how long the property is to be occupied before it is sold? I assume that your daughter is living in it? Does the order say it is to be sold immediately, or is she permitted to live there for a specified period?
Customer: replied 3 years ago.

until her own daughter is 18 which is in 10 yrs, but she is in another relationship,and pregnant, so she will probably sell next year

Expert:  familylawexpert replied 3 years ago.
Your daughter needs to tell you what discussions she has had with him. He's not entitled to stop paying, so those are potentially arrears of debt that she may be able to recover by court application.
Going forward, it should be possible to reach an agreement with him that any further contributions from you will come from his share. It should be possible to do that, namely because if he doesn't agree that, then I would expect a court to endorse that kind of arrangement anyway, although it would probably be structured as you lending the money to your daughter, her paying the mortgage, and then her recovering a greater share.

I hope that is helpful.
Expert:  familylawexpert replied 3 years ago.
Hello,

I notice that you have given a rating for my answer to your question. Is there any aspect of your question that I can help you with? If not, I would be very grateful if you could rate my answer.

Thank you,
Mac

.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)