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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I divorced three years ago. The property my wife and I owned

Resolved Question:

I divorced three years ago. The property my wife and I owned was transferred into her name, with me having a thirty % interest payable on death or sale of the property. She has since added an extention and her solicitor is maintaining that the 30% relates to only the original building. Is this correct? My ex is paying the mortgage, but on an interest only basis.
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 was the extension funded?
Clare
Customer: replied 2 years ago.

Hi, the extention was funded from a loan from Cornwall County Council, secured against the property, which she is repaying. In the meanwhile, she is not paying off any of the mortgage.

The terms of the divorce were a simple 30% of the net value of the house at sale, minus any loans secured on it.

Expert:  Clare replied 2 years ago.
Hi
May I ask why she needed the extension?
Clare
Customer: replied 2 years ago.

She fosters as an income, and wanted the extra space to extend that income to mother and baby.

The planning permission, plans etc. were all in place for this long before we divorced. I dug and laid the foundations to maintain the permission after we split, as the time limit was approaching ( some three years ago).

I have a business loan secured on the property, which I am paying down.

Expert:  Clare replied 2 years ago.
Hi
Was this not discussed at the time the Order was made?
Clare
Customer: replied 2 years ago.

No, it was given as a straight percentage of net proceeds, with no further conditions as to paying down the loans or maintaining the property in a given condition.

This demand from her solicitor seems rather unfair to me, given that she is paying for an extention which they want to exclude from the settlement, and not paying any capital off the mortgage which lessens my share eventually. In essence she is using my share of the marital assets for free.

Expert:  Clare replied 2 years ago.
Hi
When was the mortgage changed to Interest only?
Clare
Customer: replied 2 years ago.

Soon after the decree absolute, when I stopped paying half of the full mortgage.

I had also just re-plumbed the house, complete with new boiler and paid for a new wood burner in the lounge (whilst the divorce was in progress).

Expert:  Clare replied 2 years ago.
Hi
Before or after the Order was made?
Clare
Customer: replied 2 years ago.

I did the work before the Order was made, but the mortgage went to interest only afterwards, when she had to pay it by herself.

Expert:  Clare replied 2 years ago.
Hi
is she aiming to repay you immediately - is that why this issue has arisen?
Clare
Customer: replied 2 years ago.

Not that I am aware. Her solicitor is a bit of a 'try it on' merchant - she tried several angles during the settlement negotiations that once challenged disappeared rapidly. She sent an agreement with the letter this time for me to sign immediately, to the effect that the extension was out of the calculations. Which makes me think that this is another try to gain an advantage.

Expert:  Clare replied 2 years ago.
Hi
Interesting - did this come out of the blue as it were?
Clare
Customer: replied 2 years ago.

It did, I was under the assumption that we were all finished with this.

Expert:  Clare replied 2 years ago.
Hi
I think you are correct - this is a but of bullying to try and make you give way.
Write a clear letter pointing out that you had in fact laid the foundations for the extension; that the loan is being repaid at the cost of the capital repayments on the mortgage, and that the Order makes no provision for any such deduction, and that on that basis no you will not be signing the letter - which you are returning to her.
The fact that she switched the mortgage is your strongest point in this argument
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks, ***** ***** my take on the matter, I just wanted to run it past someone before I replied.

Again, thank you - most helpful,

Yours,

Rod

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