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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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My ex husband now wants 50% of the equity in the house we

Resolved Question:

My ex husband now wants 50% of the equity in the house we have been divorced 5 years and our daughter is now 19 he has not paid anything towards the mortgage or made any payments to me in that time.
I have always paid the mortgage and when the mortgage was taken out he took £6000 which we were going to use for improvements to buy a motorbike without consulting me. Am I in a position to challenge him?
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/
Why was the issue not dealt with at the time of the divorce?
Clare
Customer: replied 3 years ago.

House is worth £83,000 to £85,000 approx £30,000 outstanding on mortgage. He seemed happy for his daughter to live in the house, now has new girlfriend one child and one on the way so needs the money also fallen out with his eldest daughter will do nothing for her now he has his new family.

Expert:  Clare replied 3 years ago.
Hi
Was it a repayment mortgage?
What other assets did they each have and what income do you each have?
Clare
Customer: replied 3 years ago.

Yes it is a repayment mortgage.


I work part time earning £155 per week

Customer: replied 3 years ago.

He works full time I do not know what he earns I am only aware that he still owns the motorbike and has a car

Expert:  Clare replied 3 years ago.
HI
Just to check - you have not remarried?
Clare
Customer: replied 3 years ago.

NO

Expert:  Clare replied 3 years ago.
Hi
Is he planning to, do you know?
Clare
Customer: replied 3 years ago.

do not know

Expert:  Clare replied 3 years ago.
Hi Caroline
How much have you paid off the mortgage since the separation?
Clare
Customer: replied 3 years ago.

About £4000

Expert:  Clare replied 3 years ago.
Hi Caroline
The bad news is that I am afraid that your ex does indeed still have a claim on your property and now that your daughter is over 18 you will not be able to insist that he waits any longer for his share
However on the plus side you have an excellent chance of increasing your percentage share of the property
Since you have not remarried you can still make a claim within the divorce proceedings for a larger share to reflect the fact that you have had the care of your daughter; that he used the money from the remortgage and that you have made capital payments off the mortgage
It is unlikely that you can reduce his share to nothing but a 75/25 or even 80/20 split in your favour is not impossible
You should offer to negotiate with him using Family mediation (www.familymediationhelpline.org.uk)
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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