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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34497
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 have a legal charge against my former matrimonial home as

Customer Question

I have a legal charge against my former matrimonial home as part of a divorce settlement to be honoured in the event of re-marriage, co- habitation, the death of my ex- wife or the sale of the property. I have recently been informed bay third party that my ex- wife is living at the property with her boyfriend. I do not know how long this arrangement has been in force. There has been no attempt to inform me, discharge the debt or discuss an alteration to the legal charge. What are my options? Do I appoint a solicitor to enforce the order or can they overturn the original agreement which was heavily in her favour - the divorce agreement was agreed in 2009 with decree absolute for the divorce in 2010
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Are there any children involved and if so how old are they?
What evidence do you have of the co-habitation?
Clare
Customer: replied 4 years ago.
There are three adult children aged from 28 to 35 yrs of age - the 28 yr old lives at the house 2 nights per week and lives on an RAF base the remainder of the week.
Since receiving the information I have driven up to the property each morning (between 7-30 and 9-30 am ) and each evening or night (between 7-30pm and half past midnight) for the past two weeks and have seen two vehicles on the driveway each time and have seen on occasion a man leave the home and go to one vehicle and have seen my ex- wife and the same man getting in an out of the same vehicle.
Expert:  Clare replied 4 years ago.
Hi Alan
can you afford to instruct an Enquiry Agent (£300 or so)
Clare
Customer: replied 4 years ago.
I know she has not got this guy registered on the electoral registers - he still owns his own property in another town - what would an enquiry agent be able to find out that I couldn't myself
Expert:  Clare replied 4 years ago.
Hi
Unless your ex accepts that she is co-habiting the issue is going to be one of evidence and I am afraid that you giving evidence about your observations will always be suspect - an independent Enquiry Agent giving the same observations will be deemed more acceptable - plus they do have a number of other interviewing techniques that can be very successful in providing evidence from neighbours etc for the report.
If you are going to use one then do so BEFORE you alert you ex to the fact that you are aware of the co-habitation
If not then simply write to your ex informing her that you are aware of the Co-habitation and ask for her proposals for redeeming the charge or marketing the property
If she denies the Cohabitation then you will have to decide whether or not to risk making the application to the court to enforce the Order.
If you do decide then you need to do so on a form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 4 years ago.
Thanks for your assistance Clare - are there any enquiry agents you could recommend in this area - postcode is OL 6 - ashton- under- lyne greater Manchester area
Expert:  Clare replied 4 years ago.
Hi
I am afraid that is well out of my area. HOWEVER speak to two or three and ask them what they would do - sitting outside the property is not cost effective - so look for something more subtle!
Clare