How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Im currently still mortgaged on a property with my ex wife

Customer Question

Im currently still mortgaged on a property with my ex wife who still lives there with our two children and her new partner.
She is refusing to sell or buy me out and is saying that I should be signing over my share of the house to them both for free.
I know that when we first separated nearly five years ago I was told that she could continue living there as it would disrupt the children from their family home, which is fair enough, but in that time she moved out of the home for a year and let the house out while she moved nearer to her mother.
Despite her now being back in the marital home can I now push her to sell or buy me out as she did leave the house for a year.

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.
was any financial agreement reached at the time of the divorce?
How much is the house worth and how much is outstanding on the mortgage?
How old are the children and what other assets and debts are there?
Clare
Customer: replied 3 years ago.
Dont think there was any agreement put in place at time of divorce.
The house is worth aprix £120,000 and the mortgage stands at £100,000
The chuldren are 9 and 10 and the only other debt left now is the loan taken out for the windows and doors we had replaced on the property just before our seperation which i am paying for
Expert:  Clare replied 3 years ago.
Hi
How long has she lived with her partner and do you know if he earns enough to get you released from the mortgage?
Clare
Customer: replied 3 years ago.
My ex wife moved back into the property in November 2013 and her partner moved in shortly after.
He works full time as a glazer so i would assume he earns enough
Expert:  Clare replied 3 years ago.
Hi
When was the Decree Absolute?
Clare
Customer: replied 3 years ago.
I think that was granted in jan/feb of 2011
Expert:  Clare replied 3 years ago.
Hi
Have you remarried at all?
Clare
Customer: replied 3 years ago.
No, i havnt remarried nor am i living with anyone else
Expert:  Clare replied 3 years ago.
Hi
Sorry - I should have asked - how much is still outstanding on the window loan?
Clare
Customer: replied 3 years ago.
Theres still £2800 left on the loan
Expert:  Clare replied 3 years ago.
Hi
How much have you asked for?
Clare
Customer: replied 3 years ago.
Ive asked for £8500 so i can pay off the loan and after any solicitors fees im left with aprox £5000
Expert:  Clare replied 3 years ago.
Hi
What you are asking for is realistic which is a good starting point.
Since there was no financial order made within the Divorce proceedings it is still possible for you to make one despite the time delay.
The starting point is to offer to negotiate matters with your ex using Family Mediation (www.familymediationhelpline.co.uk)
You should point out that since her new partner is now living in the property with her it is only right that you are released from the mortgage and the loan and receive your share of the equity
If the mediation fails then you will have to issue the Court Application and argue the matter before the court
This will clearly cost time and money and on that basis you need to consider how far you would wish to compromise to avoid the extra costs if you are at least released from the mortgage and the loan.
I hope that this is of assistance - please ask if you need further details
Clare