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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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Good Afternoon!My ex-husband had agreed to pay me a certain

Resolved Question:

Good Afternoon! My ex-husband had agreed to pay me a certain amount a month while the financial settlement was going through as he remained in the marital home and I moved out. The monthly amount was to be paid as I would not receive the benefit on the capital of the house during the 6 months between agreement and remortgaging. To date he has paid the amount. However the last month he has decided not to pay the full amount. He has paid up until 15th July and originally he stated in his email that he would pay until he re-mortgaged. The completion on the house is due to happen on 22nd July. He is refusing to pay the last 7 days worth of money. This equates to £175. How can I obtain this from him?

A copy of the email he sent me back in January 2014 :

"I have also been thinking about the money that is tied up in the house.  When and how would you like it transferred across to your account?  Main reason that I ask is that we agreed all the finances on a mortgage that is outstanding in January.  In Feb and subsequent months, I will be paying the monthly mortgage payment that will take about £1500 off the mortgage.  As we have done the calculations on the current outstanding amount, you won't get the benefit of this as it is not included. I am therefore planning on giving you half the amount of capital that I pay off (about £750 per month) every month until I re-mortgage the house and put the full ownership in my name. Appreciate that you not gaining interest from the £225k lump sum (250-25) but you are benefiting from the money being paid towards the joint asset)."

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.
Did this form part of a Court Order at all?
Clare
Customer: replied 2 years ago.

Thank you:)

No it was an agreement that he made through an email outside the financial settlement.

Expert:  Clare replied 2 years ago.
Hi
Has there been a final court order involving finances at all?
Clare
Customer: replied 2 years ago.

Yes the financial settlement was all agreed through the court. It covered the marital home split of assets and the monthly contribution. This money was something that my ex-husband said he would pay as per the original email and was not included in the financial settlement. It was because he was still in the marital home and I wasn't benefitting from the savings that were offsetting against the mortgage that he was paying off. Essentially he said he would pay me this money until he re-mortgaged the property which is going through completion on Tuesday 22nd but he has only paid me until 15th July.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but there is no way that you can enforce this - it was not part of the court order - and the order is considered to be the final say on what is owed to you
I am sorry to have to give such bad news - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks. ***** thought an email that he sent would be legally binding and he is going back on what he agreed even though it is outside the financial order.

Expert:  Clare replied 2 years ago.
Hi
If there had been no final court order then you would have been able to try and use the Small Claims Court, however the fact that this was not included in the financial Order means that it is unlikely that the email will be seen as binding
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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