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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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 am trying to negotiate a settlement with my ex husband, we

Customer Question

I am trying to negotiate a settlement with my ex husband, we were divorced in 2011, the house has not sold and I want to buy him out. There were debts that were not addressed in the divorce and I have been left with them.
I have made my suggestion of a payout, I don't have a solicitor, he is using his neice who is a partner in a solicitors.
I have received a letter 'without prejudice' which has wrong factual information about the outstanding mortgage , he is requesting double what I offerred him as a settlement.
Where do I stand , I am fearful of going to court which is what they have threatened.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 long were you living together and are there any children involved?
What assets debts and income do you each have?
Clare
Customer: replied 1 year ago.

Hi,

Sorry my life is a little busy at the moment.

We were married for 22 years, debts 24,000, none of the debts were dealt with in the divorce I was left with it all, the court did say I can have 4,500 back from the mortgage arrears which I have to pay ( total was 9,000). We have 3 children the youngest is now 18 , at the time of separation she was 11.Divorce was complete Jan 2011. Assets are my pension , NHS and he got 88,000 of that, House, just valued by his solicitor ( who is also his neice) at 225,000. My income now is poor in that I have only 2 days employment that is permenant, only 9,000 per year, the rest is a fluctuating amount following redundancy. He is self employed and his income was declared as similar to mine then ( which was 40,000 before tax)

I have to respond to a threatening letter quoting the wrong mortgage amount , a request for £35 % of the wrong amount left which the solicitor says is £34,000, unwilling to acqnowledge any debt or his responsibility in the paying back arrears. The letter is also marked without predjudice.

Have to respond by Saturday, letter is dated 27th Feb, I got it on 4th March. They are threatening court action. I am terrified.

Pam

Expert:  Clare replied 1 year ago.
Hi
Do not be worried about time limits at this stage - they are meant to frighten you no court action will be rushed into.
Was there actually a financial Order made within the divorce proceedings - if so what did it say
Clare
Customer: replied 1 year ago.

The order said that I had to sell the house, I would have 65% of the proceeds and he 35%. He would recieve some of my pension and I would get half back of the mortgage arrears .
He failed to pay the mortgage for months on end prior to our split. I fought to stop the eviction.

There was a delay of 4 days before I received this last letter and they have said I have to respond in a week, it took them 2 months to respond to my letter. Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
How much is the property worth an dhow much is outstanding on the mortgage
When does the Order say that the house has to be sold
Clare
Customer: replied 1 year ago.

Hi,

The divorce was final in Jan 2011, the house was put up for sale straight away, until November last year. The estate agent arranged for someone to come to my house in my absence and expected my ex to show them around.

I then decided I could not trust them and that I would buy him out.

There is £133,000 left on the mortgage, I managed to add the arrears to the mortgage instead of paying separately.

The property was valued by the solicitors via an estate agent at £225,000. In Jan/Feb this year, the estate agent did not view the property.

Pam

Expert:  Clare replied 1 year ago.
Hi
Have you had a formal valuation done?
Clare
Customer: replied 1 year ago.

I had another done in November last year, they did not give me anything on paper, just said it was the same as last time they valued it which was £250,000. This was the same as valuation that I had done for the sale , in 2011

I do know prices have dropped but not that much.

Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
How much have you offered in settlement?
Clare
Customer: replied 1 year ago.

Hi ,

I offerred £14,000 before Christmas, they now want £34,144.25 with a suggestion that there is £97,555 equity. However the mortgage left is £133,237.88 and a debt of £12,000 ( half of the 24,000) which includes the £4,500 mortgage arrears that the court said he had to pay me.

I want to get rid of him out of my life , because he committed adultery and he was, and still is an alcoholic the emotionally angry bits are still there, he has no conscience at all.

Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
What does the court order say about the debts?
Clare
Customer: replied 1 year ago.

The court did not address the debts at all, I don't think the solicitor addressed it at all, despite my presenting them. I was an emotional wreck at the time.

I had to pay over £10.000 to the solictor for, in my mind doing nothing to support me !

Expert:  Clare replied 1 year ago.
Hi
Are the debts in your sole name?
Clare
Customer: replied 1 year ago.

Hi Clare,

No , all the debts are in joint names

Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
Sorry to be picky - but were they not referred to in the Court Order at all?
Clare
Customer: replied 1 year ago.

No, the only debts that were acqnowledged were the mortgage where there was over £9,000 arrears. I was appalled and complained to the Ombudsman and they were in favour of the Solicitor, the person on the street has no support in these matters.

I have to respond to their letter today, 7 days and am considering offerring £25,000 to try and get him to accept it, I just do not want to go to court.

Expert:  Clare replied 1 year ago.
Hi
The price they are working with is £225,000.
The mortgage, including the arrears he shoudl have paid is £133,000
35 % if the equity is therefore £32,200.
less half of the outstanding debts in JOINT names only is £20,200 and given that he does not have to wait for a sale that makes your offer of £25,000 reasonable PROVIDED the debts are all in joint names.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi,

The debts WERE all in joint names, some i think were in his name only, I was forced to pay the debts because herefused point blank, this included the joint bank account where he took money out of it sending it into arrears.

If I offer the £25 and they refuse it will they take me to court?

Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
So in fact all the debts have already been paid off?
Clare
Customer: replied 1 year ago.

No , I m still paying some off, I don't see why I have to foot the bill for his financial mis management.

Will I have to just ignore the debt, it is so wrong!

Pam

Expert:  Clare replied 1 year ago.
Hi
Have you paid any debts which were in his sole name - if so why?
Clare
Customer: replied 1 year ago.

I was forced to pay all the debts soley, I challenged the people asking for money to contact him, they could not get in touch with him. Most of the time I was threatened.

Expert:  Clare replied 1 year ago.
Hi
Do you have evidence that you paid debts in his sole name?
How much did they amount to?
Clare
Customer: replied 1 year ago.

the debts in his sole name was the water bill, and possibly the electricity and gas bill which was in total I think over 3,500 I probably have all the correspondence,

Letter from his solicior today says £30,000 no mention of his court order to pay me iro £4,500 for half of the arrears to the mortgage, they have asked that his name be removed from the mortgage .

'In a final effort to settle matters once and for all'.........if you are prepared to pay a lump sum of £30,000 within 56 days then he will be prepared to transfer the property into your sole name.

'this offer is strictly subject however to confirmation that you are able to release our client from his obligations under the mortgage'

I am unsure of what the last sentence means.

Any help would be welcomed

Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
What were/are the debts in joint names?
Clare
Customer: replied 1 year ago.

Hi,

I have checked and the debts are all in joint names, water, gas/ electricity etc, also none contribution to daughter's welfare for 2 years . Joint bank account. Can I include things that were in my name but a result of his alcoholism?

Thanks

Pam

Expert:  Clare replied 1 year ago.
Hi
No I am afraid not.
Indeed you cannot include any of the debts that you have listed.
Were there any credit card debts or loans involved?
Clare

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