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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I purchased my home with my ex husband in 1994 and in 1997

Resolved Question:

I purchased my home with my ex husband in 1994 and in 1997 the marriage ended. When the divorce was settled my husband said he didn't want to pay for any of it and told the solicitor that he didn't want the house and would sign it over to me. I have a copy of the letter he sent stating this. However this was never done and I am now anxious to get this sorted. I have tried contacting his mother to try and get an address for him but she will not give it to me. What can I do as I don't know where he lives? Sharon XXXXXXXX

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
I am happy to wait for an answer
Expert:  Nicola-mod replied 2 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer:-

Were you the petitioner or respondent in the divorce?
Have you remarried?
Customer: replied 2 years ago.
I was the petitioner as my ex husband didnt want to pay for anything and yes i am re married today is our 10 wedding anniversary
Expert:  UKfamsol replied 2 years ago.
Hello again and thanks for the extra info.

I asked the questions that I did because if a respondent to a divorce remarries, then they can no longer apply to court for the court to decide how the matrimonial assets should be divided, if the parties cannot agree between themselves. However, as the petitioner, you can still ask the court to deal with the assets, even if you have remarried, as long as your petition included a potential application to court - which yours will have, as long as your petition was in a standard format.

Unfortunately the letter that your husband wrote in 1997 is not legally binding - but of course if he will stick to what he agreed then, that would be fine. Any agreement concerning property and finance can be turned into a binding legal agreement if a draft consent order prepared by a solicitor is signed by both parties, which becomes a binding court order once the court has approved it, without either party having to attend court. A consent order then protects both parties from any further claim against each of them from the other in the future, including against their estate after their death.

However, if your ex changes his mind about transferring the house into your sole name, then you will have to buy him out - and that is likely to be 50% of the equity in the house at the time you separated - but you may be able to negotiate a lower amount if you have had to provide a home for any dependent children since the divorce and/or your income was significantly lower than his when you divorced.

To find him, you will need to instruct an enquiry agent. I have always used Stephensons Investigations, website:-

http://www.stephensonsinv.co.uk/

Although they are based in Leeds, they have contacts throughout the UK and abroad. Their prices are reasonable and they will give you a quote upfront.

I would recommend some face-to-face advice from a specialist family law solicitor as well. Here's where to find one:-

http://www.resolution.org.uk/findamember/

As a last resort, you can take him to court - but going to court is stressful time-consuming and expensive, so a negotiated settlement is preferable. You can negotiate between yourselves, or via solicitors'correpondence, or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:-

http://www.familymediationcouncil.org.uk/find-local-mediator/

I hope this helps and I wish you the best of luck.


Thanks and best wishes...


UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
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