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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Hi, I bought a property with my husband (now ex) in 2007 .

Customer Question

Hi, I bought a property with my husband (now ex) in 2007 . Not sure how much is relevant, but it was money from the sale of my flat (owned solely) which paid the deposit for the house. My Husband left me in 2008, and stopped paying towards the mortgage in 2009. I have paid it alone ever since, and paid all upkeep, maintenance and made some asthetic improvements. Despite previous attempts to amicably settle our finances, which have all stalled, my now ex husband has asked that we settle - and is expecting 50% equity. Given that we have a child together who lives in the home, and given he has made no financial contribution in 4 years, is this actually correct? Thanks in advance.
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 but I need some further information first.
How long did you live together for and how old is the child?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you have?
Clare
Customer: replied 3 years ago.
Hi Clare

We only lived in this property together from May 2007 (date of purchase) until he left in June 2008. When he left, (which was at his instigation- I came home one day and he had moved out) our daughter was 2 years old. She is now nearly 8. The outstanding balance on the mortgage is £211,000 and although I'm pending a valuation I would imagine house to be worth between 240-250k.

We had considerable debts together when married, which I paid off when the sale of my (solely owned) flat went through in April 07, from the equity, the remainder of the equity paid the deposit for the house(purchased for 242k
My ex contributed to the mortgage until 2009, then stopped as I started a new relationship,

My current salary is 45k but this is much increased from the salary I wa on when we divorced in 2009 without, stupidly! Financial settlement)

Hope that helps?
Expert:  Clare replied 3 years ago.
Hi
Sorry - I need to know how long have you lived together anywhere?
Clare
Customer: replied 3 years ago.
Sorry Clare! He moved into my flat with me approx in August 2002. We brought the house in May 2007, and he left in 2008. So just under 6 years.
Expert:  Clare replied 3 years ago.
Hi
What does he earn?
Clare
Customer: replied 3 years ago.
I have no idea! When we divorced I earned 27k and he earned approx 30k. We have an unofficial agreement for child maintenance which is £295 per month. I have never persued any of this officially before. I believe he earns between 40 and 45k per year based on the expenditure I see him making (he currently rents a property for approx £1k per month and has a new car and takes a couple of foreign holidays per year)
Expert:  Clare replied 3 years ago.
Hi
Just to check - have you re-married?
Clare
Customer: replied 3 years ago.
Yes we both have remarried now Clare.
Expert:  Clare replied 3 years ago.
Hi
That could be a problem
The property is in joint names I take it?
Clare
Customer: replied 3 years ago.
Yes Clare the property is in joint names
Expert:  Clare replied 3 years ago.
HI
Then I am afraid that he is indeed entitled to 50% of the equity and there is no longer any way that you can challenge it because you have remarried.
If you had not remarried then you could have made a financial application within the divorce proceedings and asked the court to make an order that reflected your extra contribution
I am sorry to have to give such bad news, please ask if you need further details
Clare

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