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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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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HiI divorced my wife 8 yrs ago we have a daughter who is

Customer Question

Hi
I divorced my wife 8 yrs ago we have a daughter who is 14 who lives with her mom. The house they are in is a joint endowment mortgage which expires May 2016. There is no longer an endowment policy to pay off the mortgage. I suggested selling but my ex will not agree. Can I make her sell and the profit to be split 3 ways to my daughter (in trust) my ex and myself. If we do not sell the bank takes the house and we could end up in debt.
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.
Hi I am happy to wait for an answer, best regards Don
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:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question and my apologies for the delay
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What financial agreement was reached at the time of the divorce?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare
The house is worth about 120K that's what they go for in that area. The outstanding mortgage was 80K but I have no contact with the bank and my ex will not confirm.
At the time of divorce which was very messy we agreed that I would have the endowment policy and sign the house over to my ex. But when the endowment claim form was signed she denied signing it and got me arrested for fraud. My job means I cannot have a criminal record and she knows that. But she got her half and I only got mine last year.
My ex claims she is on benefit which I do not believe. I am self employed and get about 10k a year. I do not live in the UK but work there accommodation paid 2 weeks on 2 off.
Expert:  Clare replied 2 years ago.
Hi
Was there a Court Order setting out the financial agreement sealed by the Court at the time of the divorce?
Clare
Customer: replied 2 years ago.
Unfortunately the financial agreement was all verbal
Expert:  Clare replied 2 years ago.
Hi
How much was the Endowment Policy worth?
What income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare
The endowment was worth 22K.
My ex says she is on benefit and will not discuss anything. I believe she is working.
My salary is just under 10k a year.
Best regards
Don
Expert:  Clare replied 2 years ago.
Hi
Just to check - have either of you remarried?
Clare
Customer: replied 2 years ago.
Hi Clare
Yes I have re married. I don't think my ex has but no way of proving it as she will not talk to me.
Expert:  Clare replied 2 years ago.
HI
Do you have income form any other sources - and do you have any other assets?
Clare
Customer: replied 2 years ago.
Hi Clare
The house I am in now I rent. I have no assets unless you count a car and 2 motorcycles.
I have no other income at present. My present wife works and her income is also 10k a year.
So between us we have 20K a year and we pay out for rent, utilities, motoring cost and food.
We do not have any debts or credit.
Best regards
Don
Expert:  Clare replied 2 years ago.
Hi
There is no point in taking any action at this stage - you will not be able to force a sale and there will be no other pressures at work
In 2016 your daughter will be older and your ex will have to do something about the mortgage if she wishes to remain in the property
Since you have remarried you can no longer obtain any more than 50% of the equity so it does not matter whether you use Family Law or Property Law to ask the court to force a sale.
However if you use Property Law then it is likely that your ex will make a Counter Claim using Family Law as she is still entitled to do so (since she has not remarried)
This will allow her to claim more than 50% of the equity - and indeed she is likely to get at least 60% - with a 70/30 split in her favour possible
I would suggest that you offer to discuss this with your ex using Family mediation
www.familymediationhelpline.co.uk
to see if you can settle this sooner rather than later - if not then you may have to consider waiting until the first letters are received from the mortgage company warning about the end of the term
I hope that this is of assistance - please ask if you need further details
Clare

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