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Ask Clare Your Own Question

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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Customer Question

Hi I am divorced for the past 9 year and I brought my ex out so I could stay in the house I gave him 40,000 but for the last couple of years I've find out that I should had payed him half as we hadn't payed the mortgage off we bought the bungalow for 80,000 if it's true could I claim for the money back and I've heard he had some bonds mature which I thought hid split between us when we divorced but can't remember
I've since sold the bungalow five years after we divorced for 100,000
If this is true what is the next step to take
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.
Was there a financial order made within the divorce proceedings and sealed by the court?
Clare
Customer: replied 1 year ago.

hi sorry my name is carole no we did this between us i wanted to stay in the house and for me to do that he asked for 40,000 at the time i never thought any more about it and i went to the bank to see if i could get a mortgage for 40,000 to pay my ex and then later on some one told me i shouldnt have paid as the mortage wasnt payed of

Expert:  Clare replied 1 year ago.
Hi
Have you remarried since then, and what assets does your ex currently have?
Clare
Customer: replied 1 year ago.
Hi ***** not remarried and I can't answer that question as I don't know what assets he has he moved straight in to the women's house who he cheated on me with he married a year after our divorce
I do know we had bonds and he had the car which I was paying for but it was in his name
I was told by a member of my family that his bonds have come to the end of the running time and that got me thinking I'm sure they was running when we was married but can't prove anything
Expert:  Clare replied 1 year ago.
HI
What assets do YOU have now?
Clare
Customer: replied 1 year ago.

none as i couldnt keep the repayment up and i got in debt so when i sold the bungulow i paid all my debts off and moved away from mansfield to grimsby i moved in with a new partner hoping for a new life

Expert:  Clare replied 1 year ago.
Hi
Are you still co-habiting?
How much was outstanding on the mortgage when the property was sold?
Clare
Customer: replied 1 year ago.
Hi ***** moved to grimsby he still lives in Mansfield
£80,000 was left to pay on mortgage
I sold the bungalow about 4year ago for £100,000
Expert:  Clare replied 1 year ago.
Hi
So for clarity
At the time of the divorce the Bungalow was worth £80,000 and there was £40,000 outstanding on the mortgage.
You paid him £40,000
In addition he had other assets that were not shared by you
Is that basically correct?
Clare
Customer: replied 1 year ago.
Hi ***** don't understand the question???
Got a mortgage for 80,000 to buy
I gave him 40,000 so that took the mortgage back to 80,000
But if I sold the bunglalow while I was with him say for 120,000 give the bank back 80,000 he would have only got half of 40,000 cos we still owe the bank 80,000 is that right ????
Expert:  Clare replied 1 year ago.
Hi
At the time that you separated how much was the property worth and how much was outstanding mortgage BEFORE you paid him anything?
Clare
Customer: replied 1 year ago.
Hi
It was on market for £ 125,000 the mortgage was £ 80,000
He wanted £50,000 when we was splitting up and he new I couldn't get the money as I wasn't earning enough I kept trying to stay in the property so I kept trying to knock him down he said his not going lower then £ 40,000 so I went to bank to see if I could borrow £ 40,000 on my wagers
Expert:  Clare replied 1 year ago.
Hi
So that took the mortgage up to £120,000?
Clare
Customer: replied 1 year ago.
Hi
No it still took it to 80,000 even after I paid him
I don't under stand how but I was still paying 80,000 mortgage so when I did sell up I payed the bank back 80,000
That's the reason I don't understand if we sold the property for say £120,000 and the mortgage was 80,000 shouldn't he have half of 40,000 ???
Expert:  Clare replied 1 year ago.
Hi
Where did the money that you paid him come from?
Did you have to add it to the mortgage on the house?
Clare
Customer: replied 1 year ago.
Hi
I got it from bank they paid him
I don't understand how they paid him I just know I owed the bank 80,000
I wish I could show the the paper work so I could understand it better I just know the mortgage wasn't paid of and we owed 80,000 it's as though they paid him half of mortgage to him and added it back on when I borrowed 40,000 to pay him
Expert:  Clare replied 1 year ago.
Hi
Do you have any of the paperwork from the bank?
Clare
Customer: replied 1 year ago.
Hi
Yes I've got it down if I could send you the paper work you could say if I have a case or not it's hard to explain to you
I'd send it on here but I don't know how
If you have a address which I could post a copy
Expert:  Clare replied 1 year ago.
Hi
I will ask Customer Services to assist you with that
Clare
Customer: replied 1 year ago.
Hi
It's been a week and I've not heard anything why have I payed £56 pound for no response do I have a case or not I'd like to know so I can take things on to next level
Could you please get back to me with a answer
Thankyou
Expert:  Clare replied 1 year ago.
Hi
Did you send the copy paperwork - if so I have not received it yet
Clare
Customer: replied 1 year ago.
Hi
I got a email to say you get the paperwork and you will pass it on
Now you saying you havent received it ?????
Expert:  Clare replied 1 year ago.
Hi
Can you tell me the area in which you live?
Clare
Customer: replied 1 year ago.
Hi
I live in grimsby Lincolnshire now but I lived in Mansfield Nottinghamshire when we split
Expert:  Clare replied 1 year ago.
Hi
For clarity - Robert is your ex husband is that correct?
You and Nicholas took out a new mortgage for £86,000 in total to pay him off - is that right?
Clare
Customer: replied 1 year ago.
Hi
Yes that right on both
But before that Robert told me he put more money down on the mortgage but he didn't so I don't know where the money we made on the other property is more then likely in a different account that I didn't know of he robbed me blind and it looks like I can't do anything about it which isn't fare we suppose to split things in half
Expert:  Clare replied 1 year ago.
Hi
Do you still have the completion statement for the time the property was transferred into your and Nicholas' names?
Clare
Customer: replied 1 year ago.
Hi
All I got was that paperwork I've sent you
Carole
Expert:  Clare replied 1 year ago.
Hi
Did you and Nicholas do any improvements to the property following the transfer?
Clare
Customer: replied 1 year ago.
Hi
I did most off the improvements before nick come along I couldn't get a mortgage on my own with my wages so nick help me to stay that's when my ex put up the money he wanted he new how much I wanted to stop
Customer: replied 1 year ago.
Hi
I already lived at the property with my ex before he cheated on me and we divorced over it we was selling the property I was livening in it for about 8 months before nick come along
Expert:  Clare replied 1 year ago.
Hi
Do you remember how much the OLD mortgage was - the one you had with your ex not the one you had with Nick
Clare
Customer: replied 1 year ago.
Hi
Yes it was £80,000 my ex told me we bought the property for that as far as I know that's what we borrowed,my ex dealt we all the money for bills and so on
Expert:  Clare replied 1 year ago.
Hi
That is what you bought the property for - do you remember how much you had to borrow to buy it?
Clare
Customer: replied 1 year ago.
HiAs far as I know we borrowed £80,000 I didn't think anything of it at the time we made £54,000 on the other property as far as I know he didn't put any of that as a deposit as we agree to do the new property up I do know we spent £10,000 on kitchen,bathroom and a new fire and surround apart from that I'm 100% sure we had a 80,000 mortgageOk say he did put 30,000 from the 54,000 which would leave 50,000 mortgage I gave him 40,000 borrowed 40,000 to take it back up to 80,000 if I sold it at the time would've made 24,000 profit split two ways that's 12,000 each and he comes away with 40,000 what's fare about that ????
Expert:  Clare replied 1 year ago.
Hi
Are you sure that you do not have any paperwork relating to that time as the figures just don't add up
Clare
Customer: replied 1 year ago.
Hi
The only paper work I had was that I sent you
If I could get any help from the bank I would what else can I do
There wasn't enough equity in the property to justice giving him 40,000 if I sold the property at that time it would only have sold for 104,000 which would only have made 12,000 each after paying the 80,000 back to the bank of which we borrowed
The money we spent was from some of the profit we made from the other house we sold
Expert:  Clare replied 1 year ago.
Hi
Actually you and Nicholas borrowed the £86,000 - so £40,000 was to pay your ex, and some of the balance was to pay off the existing mortgage - the question is how much of it was for that because if it was £40,000 or more then the figures still do not add up - as then he got £40,000 and you only got £25,000 - so not as bad as you thought but still not fair.
However until we know what the actual figures are you can not decide what to do.
You can still make a claim against your ex - BUT it will not be easy and it could be expensive - if the equity was £65,000 then a 50/50 share would have been £32,500 - and you lost out on £7,500. This may not be sufficient to justify the difficulties of such a claim - but that is a personal decision only you can make
Please ask if you need further details
Clare

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