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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
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 own a house jointly with my Ex Wife who is living in it but

Resolved Question:

I own a house jointly with my Ex Wife who is living in it but refuses to sell, the mortgage is paid up. What can I do?
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 house worth an dhow much is outstanding on the mortgage?
Are there any children involved?
Clare
Customer: replied 2 years ago.

The mortgage is fully paid up 8 years ago. There are no dependant children as our 2 daughters are fully grown up and married. I have not have the house valued as yet.

We were divorced in Feb. 2008.

I hope that this information is of help.

Customer: replied 2 years ago.

How long would it take before I get an answer?

Expert:  Clare replied 2 years ago.
HI
My apologies for the delay - I was in Court in London yesterday and it delayed things a little
How much is the house worth?
What other assets are there and what income do you each have?
Why was this not dealt with at the time of the divorce?
Clare
Customer: replied 2 years ago.

Hi Clare,

The house is worth about £230,00 and there is no other assets.

At the time of the divorce one of my daughter was in her final year at university so I did not feel it right to sell. Now I am retired and wants to move on. At the time of the divorce it was noted that the house was jointly owned but I had moved out and was living with my Sisters.

I have my RAF pension and my state pension. She has her NHS pension and her State Pension.

I hope that this answer your question.

Marius.

Expert:  Clare replied 2 years ago.
Hi
How much would a one bedroom property in the same general area cost to buy - and what actual income do you each have?
Clare
Customer: replied 2 years ago.

Dear Clare,

! Bedroom property in that area which is in Bedfordshire, costs between £90,000 and £10,000. Our only income is our Pensions which I declared in my last communication. Property in the area where I live ( South Norwood) is in the region of £235,000 to £250,000.

When we divorced It was decided that we would divide the proceeds from the sale equally. Although we were both working I paid all of the mortgage for 25 years.

I hope that this is sufficient information to give me a general understanding of where I stand.

Marius

Expert:  Clare replied 2 years ago.
Hi
That is all very useful - one last point - when you say that agreement was reached - was that agreement turned into a Court Order sealed by the court?
If not - have you remarried at all?
Clare
Customer: replied 2 years ago.

Hi Clare,

No it was not a court order. It was discussed when we first separated. When the mortgage was up there was a surplus from the endowment insurance which we divided equally even though I paid all the premium and the mortgage interest as well.

I have not re-married.

Marius

Expert:  Clare replied 2 years ago.
Hi
Excellent
You have two possible ways forward
The first is to use Family law.
You can still make a financial application within the divorce proceedings for the Financial issues to be dealt with - and for an Order for the sale of the property and the division of the equity between you
The starting point for division will be 50/50 and it is unlikely that the court will stray far from that although 60/40 in her favour is a possibility to reflect the fact that she has had the care of the property over the last few years
The alternative is to use Property Law to obtain an Order for Sale.
Either way I expect the Order to be made
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
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

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