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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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 I am recently divorced, and am having to sell the

Resolved Question:

Hello

I am recently divorced, and am having to sell the marital home. Our two children have left home and are not dependent.
Both my ex wife and I have moved out, and the house is empty. I solely pay for the mortgage, council tax and insurance on the property, and have done for the last 3 years since we parted.
What I would like to know, is whether I can claim back the extra money I have spent out when the property is eventually sold.
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 a Final Financial Order been made by the Court Ordering the sale or has the current stage been reached by agreement?
Clare
Customer: replied 3 years ago.

The current stage has been reached by mutual agreement.


 


thanks


 


keith

Customer: replied 3 years ago.

The current stage has been reached by agreement

Expert:  Clare replied 3 years ago.
Hi
How did the property come to be empty?
Clare
Customer: replied 3 years ago.

My ex wife is an alcoholic, both of our children couldn't cope so moved out when they were 16-17.


Once my daughter left at 16, I also left and went to live at my mothers, leaving my ex wife in the home.


She lived there, I paid the mortgage, and she paid some of the utilities etc.


After about 10-11 months, with mounting debts, she moved in with another man.


I then moved back in, and got all bills etc up to date and lived there for approx 18 months.


I have since met someone else, and stay at her house.


The house has very little furniture etc in it, but I keep gardens done and maintain it.


 


Hope this clarifies situation.


 


Thanks


 


Keith

Expert:  Clare replied 3 years ago.
Hi
Thank you
How much is the house worth and how much is outstanding on the mortgage.
What other assets and debts are there (including pensions)
Clare
Customer: replied 3 years ago.

Clare


 


The house is on the market for £99,999.00, but realistically should achieve 90-95k.


The outstanding balance is circa £28k.


No other real assets, we split furniture, cars etc.


I have a pension which is worth about 18k. Ex wife has no pension.


 


Thanks

Expert:  Clare replied 3 years ago.
Hi
How much are the mortgage payments?
Clare
Customer: replied 3 years ago.

£223 per Month

Expert:  Clare replied 3 years ago.
Hi
You can certainly ask to be given credit for half of the mortgage payments that you have made whilst the property is empty - but it might be more realistic to simply say that you are happy to simply split the equity 50/50 provided no claim is made on your modest pension
This is a realistic reflection of what might happen if it goes to court - but it would be better to negotiate a settlement using Family mediation (www.familymeditaionhelpline.co.uk)
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you