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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 been divorced for approx. 30 years and my husband moved

Resolved Question:

I have been divorced for approx. 30 years and my husband moved out. I continued to live in and maintain the house. I have recently put my house for sale and my ex husband has wrote stating that he wanted £25000 after the sale. He has now said that after consulting a solicitor he wants £35000.As the deeds of the house are still in both our names I am concerned that he may make a higher claim. Could he be entitled to half the money made after selling this house ? In the years after our divorce he has made no contribution to the maintenance of the house.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and who paid the mortgage?
H wmuch have you spent or repairs/improvements to the property?
Clare
Customer: replied 3 years ago.

Thank you Clare. the house is on the market for £135,000. The mortgage came out of my bank account. He gave me £80 a week and I paid everything else, all the bills and the costs of our three children. This sum of money was fixed and he never paid anything else. Following our divorce he still lived here for a couple of years. When he left he never paid anything or child maintenance.


I would guess that I have spent around £40 000 on house improvements - a conservatory, new windows , replacing guttering and garage roof.


When the house was paid for I did give him half the endowment which was £7500.

Expert:  Clare replied 3 years ago.
Hi
How long were you paying the mortgage after he left.
If the improvements had not been done how much would the property be worth?
Clare
Customer: replied 3 years ago.

hi


By the time he left the mortgage would have been paid. Without the improvements to the house I think the property would be worth about £100000 - £120000. The house next door to me has recently sold for approx. £120000. That does not have a conservatory and is also still leasehold. I paid £500 about 25 years ago to buy the freehold .I also paid £2000 to have the drive block paved and £2000 for the garage repairs.

Expert:  Clare replied 3 years ago.
Hi
Was any agreement made about the house at the time of the divorce?
Clare
Customer: replied 3 years ago.

No.

Expert:  Clare replied 3 years ago.
Hi
Just to check - was there ever a court order dealing with the finances at all and have you remarried?
Clare
Customer: replied 3 years ago.

There was no court order and I have never remarried and am single.

Expert:  Clare replied 3 years ago.
Hi
i am afraid that the starting point is that as a joint owner your ex is entitled to half of the equity.
HOWEVER there are a number of ways of changing this
One is to claim credit for the increase in value which is down to work that you have financed.
The second is to make a claim within the old divorce proceedings and ask the court to give you a larger share of the equity to reflect the fact that you maintained the property and improved it
To try and avoid the costs involved in this you should try and negotiate with your ex using Family Mediation (www,familymediationhelpline.co.uk)
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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