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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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Hello, Ive been divorced 10 years, my ex-husband wasnt on

Resolved Question:

Hello, I've been divorced 10 years, my ex-husband wasn't on mortgage/deeds of my home (that I bought prior to meeting him). Whilst divorcing he placed a charge on my house, then subsequently removed it a year later. I sold my house to a relative and then rebought it 5 years later, some 5 years ago now. My husband wasn't granted a continuation order that I am aware of. There was no financial settlement upon divorce, and he has failed to maintain our son, currently owing me around 14k in maintenance. Very recently I put my house onto the market online as I had secured a post in another part of the country but my present employer offered me a better deal, I have stayed in my home and taken it off the market. My ex-husband has informed a neighbour that he has 'paid to have alerts sent to him if my property is sold and will go to a solicitor for a share of the sale proceeds' .... what exactly are his rights if any, from my property, could he still place a charge upon it or is there nothing to worry about should I ever decide to sell in the future? Many thanks
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.
Has your ex remarried at all?
Was a financial order made at the time of the divorce?
Clare
Customer: replied 3 years ago.
Hello
Thanks for replying. No he had an affair and subsequently moved in with this woman, they have two children under 18 months. No financial order was made at the time of divorce as he still wanted a reconciliation.
Expert:  Clare replied 3 years ago.
Hi
How old is your son?
May I ask why you sold the house to your relative and repurchased it?
Clare
Customer: replied 3 years ago.

Hi, my son is 11 years old. I separated from my ex-husband whilst in the later stages of my pregnancy and he was born prematurely due to stress. I didn't work for over a year as I stayed at home caring for my son (who is now fine apart from being diagnosed with ADHD combined) I couldn't afford my mortgage payments so my aunt bought the house from me and I paid a low rent on it with the proviso that I could buy the house back once I was back on my feet. The conveyancing was all done through my solicitor who also handled my divorce. There were alot of debts from the marriage, most of which I have cleared .... he hasn't to my knowledge cleared the ones in his sole name.

Expert:  Clare replied 3 years ago.
Hi
Can I just check - was full price paid each time?
Clare
Customer: replied 3 years ago.

Hi, I originally bought the house with my aunt, then transferred my interest to her so that she owned it fully in 2004 and I then paid rent monthly as I could no longer afford the mortgage. ( Sorry, I've just checked all the legal paperwork!) I then bought it by mortgage in 2008 and became sole owner, for half market value.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

125k now and 64k outstanding currently.

Expert:  Clare replied 3 years ago.
Hi
Since there has been no final financial order within the divorce proceedings and he has not remarried then technically your ex can indeed still technically make a claim within the divorce proceedings for the financial issues to be dealt with and thus make a claim on the property.
How successful such a claim would be is a different matter and given the history you have described it is unlikely that the court would order you to pay him anything
I hope that this is of assistance - please ask if you need further details
Clare


Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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