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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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have I got any claim on a property my husband has owned since

Customer Question

have I got any claim on a property my husband has owned since we were married, we are now divorced?

We were married for in 1988 and I already owned a property which we sold to buy our home, in 1996 our son was born and 1999 we bought a new build for £89,000 one year later after discovering my husband was having an affair he left the marital home, which was worth around £95,000 at this time. We had a £70,000 mort still outstanding. He kept payments up for about 10mth coz he started renting. 2 yr later he bought a property. At this point neither of us had legally separated or started divorce proceedings as my husband was saying he wanted to repair the marriage, we always just did things ourselves as I thought although he had cheated on me I could trust him as far as his child and finances were concerned. After helping him get his house because he had to have what the called a deferred mortgage saying he would be getting money out of the other house when I sold etc. After taking our son on holiday in 2006 to Disney I discovered his on off relationship was still very much on (diff girl) he lived in his property and I in what was the marital home which he had not shared for several years or made any payments towards, he had paid maintenance of sort but nothing legal. he always gave cash as and when. 2007 divorce proceedings went ahead and the house now worth £230,000 he wanted his cut? At that time I was very badly represented and it was settled that he needed £25,000 to pay his deposit on his deferred mort. I continued to live in the house as this agreement was he got if I co-habituated, or sold, and the divorce was granted. After 3 more years of my husband coming and going and pressuring me, I decided to move by this time my husband had embarked on yet another affair with the first woman and their marriage split up she has two boys one exactly the same age as our son and Callum went to school with him. I approached my husband again asking him to consider putting £15,000 of this money into a trust fund for Callum as by now we knew he was clever enough to go to uni? he refused. He ended up moving in with this woman and giving the money to her to pay her husband off and not using it for his mortgage deferment. My solicitor at the time said she would take the case on but it would mean losing the house I was about to buy at the time and my son was desperate to move to go to the new academy school and also at the time my niece was dying of cancer age 26 and my daughter had just had a prem baby who was also fighting for life and I just couldn't take on the fight. my solicitor wrote to mr kewen to try to appeal to him on my behalf but he wasn't having any of it. Mr son and him have no relationship now at all, he does pay regular maintenance now through the bank but this has only been since he moved on in life. Now that my life has picked up a bit after death of my niece and baby is now thriving I have had time to reflect on all of this. my worry is that my son will end up with nothing from his father and that the other two children will benefit from what was essentially my earnings. I found out he is to get married in Sept and I really want to protect my son. I was always the higher earner I feel my son and I were not protected at all. He now rents the property

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Was there a Final financial Order sealed by the Court within your divorce proceedings?
Clare
Customer: replied 2 years ago.

I cant find any paperwork stating that and I don't remember any such order, where would I find this is one existed?

Expert:  Clare replied 2 years ago.
hi
It would have set out all the financial agreements that you had made?
Clare
Customer: replied 2 years ago.

Hi Clare,


 


Well I cant see anything on my decree absolute!


 


Would it have been amongst any other paperwork?


 


Karen

Customer: replied 2 years ago.

Hi Clare,


 


I have just checked all the paperwork that I could and I can see that there was a financial consent order when the divorce was granted but no final financial order sealed by the court? does this help?


 


Karen.

Expert:  Clare replied 2 years ago.
Hi
The Financial Consent Order - that was an order that dealt with the house?
Clare
Customer: replied 2 years ago.

Hi Clare,


 


Yes it was all about the house that we had in joint mortgage at the time, there was no other financial agreements.


 


Karen.

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of it in front of you?
Clare
Customer: replied 2 years ago.

I can get it? I will type what it says


 


Starting point full and frank disclosure concerning the financial settlement. Clearly Mrs Kewen has made a major contribution to the marriage in terms of the initial contribution and since been maintaining the property so a question of ascertaining share! His solicitor has put in place a deferred charge which would mean you could remain living in the property until either Callum was independent (not in full time education) or I sold.


Property was in joint tenants and either die it would pass onto the other so to prevent this something called severing the tenancy? but advised to get a will sorted after settlement.


 


I can see no other paperwork regarding any financial agreements, the agreed sum of money for mr kewen given the price the house had gone upto by then was £25,000 that was in 2007 and the house was worth £230,000 by the time I sold in 2010 it was only worth £180,000. I really don't think there is any other financial agreements in place.


 


Thank you Clare.


 


Karen.

Customer: replied 2 years ago.

The other thing I am worried about Clare is that I work for the NHS and have a good pension so if I was to open up anything could he then come back and ask about my pension?

 

I need to go out now to see my family for a few hours Clare but look forward to your response.

 

Thank you so much for your help, I just really would really like to protect my son's future. He is about to go off to uni in Sept.

Customer: replied 2 years ago.

Hi Clare do you have further information for me?


 


Karen

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Was there actually a full court hearing?
Did you have to attend a court hearing and did a Judge decide what should happen.
If so dod you have a copy of the actual order setting out what should happen/
Clare
Customer: replied 2 years ago.

No there was no court hearing Clare nothing like that at all just one paragraph on the settlement of the marital home.


 


Karen

Expert:  Clare replied 2 years ago.
Hi
Which part of the Uk were you in at the time?
Clare
Customer: replied 2 years ago.

Hi Clare,


 


We both lived in Blyth in Northumberland all our married lives and we both still do, my ex always lived in Blyth with his parents and I moved to blyth when we bought our first house together after selling mine. I lived in Shiremoor, near Whitley Bay just a few miles from Blyth.


 


Karen

Expert:  Clare replied 2 years ago.
Hi
In your original question you said this
At that time I was very badly represented and it was settled that he needed £25,000 to pay his deposit on his deferred mort. I continued to live in the house as this agreement was he got if I co-habituated, or sold
That suggests that there was a court order - and this is so very important
Can you explain what this was set out on
Clare
Customer: replied 2 years ago.

Hi Clare,


 


There was only a financial Consent Order on the property which we had a joint mortgage.


 


The only paragraph in the divorce papers is:- The starting point in financial settlement is for both parties to provide what is called full and frank disclosure concerning the financial situation. Clearly you have made a major contribution to the marriage in terms of your initial contribution and the fact that you have been maintaining the home since separation. Mr Kewen does have an entitlement to a share of the property but it is a question of ascertaining his share. The court has quite wide ranging powers to deal with financial settlement and Ken put in place what is called a deferred charge which would mean that would stay living in property until such time that Callum was independent and at that time Mr. Kewen could receive his money.


 


Clare this is all I can find on any sort of financial agreement amongst my paperwork?


 


Karen

Customer: replied 2 years ago.

the only thing mentioned on my actual divorce papers is 7/6/07 completing consent order, 12mins?


 


in the breakdown of charges:- in assisting you within Divorce and Financial Resolution Proceedings to proceed with divorce and negotiate and legitimate agreement between yourself and former husband as to former marital home and lump sum payable by you:


 


Karen

Expert:  Clare replied 2 years ago.
Hi
So there was a Consent Order - the one that dealt with the property.
can you find a copy of it?
Clare
Customer: replied 2 years ago.

Hi Clare the only thing I have got is what I have already typed out to you, there is nothing attached to my divorce papers and nothing that I can find in my correspondence from the solicitor, however I am going through all papers I can think of to see if I can see anything else?


 


Karen

Expert:  Clare replied 2 years ago.
Hi
There is definitely a Consent Order - and that is the document that I need to see
Clare
Customer: replied 2 years ago.

Hi Clare


 


From what I can see that is the only financial agreement made and there doesn't even seem to be anything on paper as to his access to his child? where will I find out about this court order, will I have to go back to the original solicitor who I was not happy with or apply at court, because I definitely cannot find any document at all amongst the paperwork that I have?


 


Karen

Expert:  Clare replied 2 years ago.
Hi
the document is the one that deals with the house
Clare
Customer: replied 2 years ago.

Hi Clare,


 


I know that but what will it look like and where would it have been, would it have been with the decree absolute or with other documents and if I cant see it amongst what I have got where will I get a copy?


 


Thanks


Karen

Expert:  Clare replied 2 years ago.
Hi
It would have been made at much the same time as the Decree Absolute.
It is likely to be a two page document with the Court heading at the top
It would set out what would happen to the house
Clare
Customer: replied 2 years ago.

Hi Clare, well after going through everything I have got I cant see any such document so where do I go from here?


 


Karen

Expert:  Clare replied 2 years ago.
Hi
In that case contact the court tomorrow and ask them to send you a further copy (likely to cost £5)
Clare
Customer: replied 2 years ago.


Hi Clare,


 


I have contacted the court today and need to ring a certain person tomorrow with my case no from the decree absolute and they will be able to find any documents and send a copy.


 


Will get back in touch then.


 


Karen.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Claire
Customer: replied 2 years ago.

Hi Clare,


 


Just want to thank you for all your help and taking the time for me.


 


I received my court order and I will decide what to do from here.


 


Karen.

Expert:  Clare replied 2 years ago.
Hi
do you need any advice based on what it says?
Clare

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