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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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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Breakdown of marriage. Ex Husband did not want to sell house.

Resolved Question:

Breakdown of marriage. Ex Husband did not want to sell house. I left 4 years ago. I have paid nothing into the mortgage since I have left. Husband has lodger and lover living with him now. Am I allowed to claim 50% of the rent he receives. I am still on the mortgage and the deeds.
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.
How much is the property worth and how much is outstanding on the mortgage?
Is the mortgage a repayment mortgage?
How long were yo living together - and what other assets are there?
Clare
Customer: replied 2 years ago.

The mortgage is now £98,000 was £100,000. property worth between £115 - £125. (Bought at the wrong time) We lived in the house 10 months before we married. We lived as man and wife for 16 months. (We had already lived together in rented property for around 2 years.) The mortgage is interest only. Husband for some reason paid a lump sum (£2000)off sometime last year. no other assets.

Thanks Clare I will look forward to speaking again.

Joyce

Expert:  Clare replied 2 years ago.
Hi
Are you willing to start divorce proceedings?
How was the deposit funded?
Clare
Customer: replied 2 years ago.

We devoiced in 2013. The problem is he was saying he would give me back my money £12000 being the deposit.

I had no reason not to trust but now I am asking for the money he is saying he will give me half. The deposit was from a property I had sold.

Expert:  Clare replied 2 years ago.
Hi
Was any financial Order made within the Divorce proceedings - if so what did it say?
IF not have you remarried at all?
What other assets do you each have?
Clare
Customer: replied 2 years ago.

I have a 59 plate Toyota car that is my only asset. No financial order was made because I trusted him. I don't know what if any assets he has other than the House.

Expert:  Clare replied 2 years ago.
Hi
Have you remarried?
Clare
Customer: replied 2 years ago.
No
Expert:  Clare replied 2 years ago.
Hi
Your best option is to make an application within the divorce proceedings for the financial issues to be dealt with (it is perfectly ok even at this point)
Within that application you ask for the house to be sold and the proceeds divided between you as the court thinks fit - likely to be 50/50.
You should offer to negotiate with your ex first using Family mediation - but make it clear that if he cannot buy you out and release you from the mortgage then the property will have to be sold.
I hope that this is of assistance - if you need further details do please ask
Clare
Customer: replied 2 years ago.

Can you please tell me, can I claim half of the rent money? I need to know if taking this any further. As I said I will take 50% ie £6000 if I can take 50% of the rent.

Thanks

Expert:  Clare replied 2 years ago.
Hi
There is no reason for you to accept £6,000 - it is not enough
You can claim half of the rent - but only after your half of the mortgage payments have been deducted.
You could in fact also claim a sum for "occupational rent" - to represent the fact that he has had the benefit of living in the property and he has not
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks you Clare. Wonderful news just what I was hoping for.

The bonus is I did not know about "occupational rent", For some reason last sentence is incomplete it finishing with he has not ??

Would you just send it again so I have the full sentence.

Thanks Joyce

Customer: replied 2 years ago.

Wonderful, thanks Clare, just what I wanted to hear. The last sentence ended with he has not ??? would you please send it again so I can read the end.


Thanks again


joyce


 

Expert:  Clare replied 2 years ago.
Hi Joyce
Oops - sadly typing is not my best skill.
That should read " and YOU have not"
Clare
Customer: replied 2 years ago.

I will happily forgive the typing you have been great and prompt.


If I need any more help may I call on you again.


I am keeping all our conversations.


Thanks again


Joyce


 

Expert:  Clare replied 2 years ago.
HI
You are most welcome - I hope all goes well
Clare
Customer: replied 2 years ago.

I have rated your service a few times already, but, I am happy to rate again. Clare is very prompt in her answers and goes right to the bottom of the problem. I shall be passing the word around about your service.


Thank you Clare

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