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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33282
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 consent/clean break order in place between myself

Customer Question

I have a consent/clean break order in place between myself and my ex-wife entitling me to 25% of the FMH less the mortgage in about 5 years’ time when my youngest reaches 21 etc


My ex-wife has now come into inheritance and has offered me 40K to buy me out 5 years early. I value my share to be about 70K. I think my share could be worth closer to 100K in 5 years time.


I think the offer is too low and I am prepared to wait 5 years.


 


 


My question is, in 5 years if my ex-wife decides not to pay me what can I do? My ex-wife is very manipulative she would think nothing of lying to the courts to get her own way. Even if there is some sort of order forcing her to sell and she chooses to ignore it, can I do anything?


 


Background info She has had about 200K in inheritance and has since remarried, he has his own flat. The FMH is a 5 bed detached, we have 3 children, 2 have since left the FMH. She has spent a small fortune re-decorating and furnishing the place. She says I have to pay towards this, it is clear in the consent order she is solely responsible for the maintenance and upkeep of the property. She says she has increased the value of the home by converting part of the double garage into a studio for her husband and put an outhouse in the backgarden. None of this done by consulting with me. In 5 years time I will expect she will have run out of inheritance and will be pleading poverty. I am no longer on the mortgage but have my interest registered on the property deed. Will I ever get my share?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
In five years time if she does not pay you then you can apply to the court for an order for the sale of the property - and since she has married again there is no chance of a plea of poverty working
I hope that this is of assistance - please ask if you need further details
Clare

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