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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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Split from my husband 8 years ago. No formal agreement. Joint

Customer Question

Split from my husband 8 years ago. No formal agreement. Joint mortgage. Had dependants. I have paid Mortgage from day 1. 2004 husband only bought a business. I agreed to re-mortgage house to pay for his share in business. Took all his equity out. Business failed. He has personal debts as well that he has not paid. Hence the split. I wanted him to sign an agreement to say that he had had his share of the equity. He refused. Company may petition for bankruptcy. Will I be forced to sell the house if this happens? Dependants are now of age and there is a small amount of equity in 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 how much is outstanding on the mortgage
What other assets do you each have?
How long were you married and/or living together
What income do you each have?
Clare
Customer: replied 3 years ago.

the house is worth 160,000 and there is 140,000 outstanding on the mortgage.


other assets car - mine


20 years


I have 40,000 a year . don't know what he has


 

Expert:  Clare replied 3 years ago.
Hi
How much did he borrow for the business and are you willing to start divorce proceedings or have you already done so?
Clare
Customer: replied 3 years ago.

75,000 and yes I would start divorce proceedings

Expert:  Clare replied 3 years ago.
Hi
Is he expecting/demanding a further share of the equity?
Clare
Customer: replied 3 years ago.

My concern is that he has already had his share of the equity from the house and should have been reasonable by agreeing to state this. He would not and so I was left in a position where if I sold the house he would demand half of what ever equity was in it despite the fact that he was not entitled to it. I therefore did not do this. Since the split I have paid out of my bank account extra funds to pay off the house and I am continuing to do so. Now I have a third party who could place a charge on the house or force me to sell or I would have to negotiate with the receiver as an alternative. This I feel is unfair as 1. He has had his money. 2. He had never paid a bean. 3. Refused to give me something to say he has had his equity. I know in law that because his name is XXXXX XXXXX debt he is jointly responsible for this and also is entitled to half the equity but he has had his half!


I can prove that he has had the money.


I need an urgent answer to this Clare if possible. Let me know if you need anything else.

Customer: replied 3 years ago.
Relist: Answer came too late.
I really need an answer urgently. This is no reflection on Clare but unfortunately she was not on line
Customer: replied 3 years ago.
Relist: Answer came too late.
Customer: replied 3 years ago.
Relist: Answer came too late.
Unfortunately the expert was off line and was unable to answer quickly enough. I would like to resubmit my question to another expert who can provide assistance in a quicker time frame. This is no reflection on Clare.
Expert:  Clare replied 3 years ago.
Hi
I am sorry for the delay
If you wish to protect yourself the only option is to start Divorce proceedings based on the fact that you have lived apart for more than five years and then make a Financial application for an Order that the property is transferred into your sole name
You need to start this process as soon as possible.
Given the figures I have little doubt that the court will indeed make the Order in your favour -even if your ex does not agree to it
The Divorce process is described here
https://www.gov.uk/divorce/file-for-divorce
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

That's welcome information and gives me something to go on. Thank you for getting back to me Clare.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Clare

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