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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33541
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 obtained a decree absolute in Dec 2012. My Ex and

Customer Question

Hi,
I obtained a decree absolute in Dec 2012.
My Ex and I seperated in 2008, we have no children and he moved overseas and is still there today.
At the time we divorced we had two properties, one which i bought long before i met him and which i have been the sole mortgagee
and have been solely responsible for the mortgage and the bills before, during and after our marriage.
the second is a joint buy to let property on which he has solely collected the rent though I put down
£6000 deposit when we purchased the property.
At our last communication, he wanted to keep the joint buy to let while I keep my house, I had a financial order drafted by a lawyer
and sent it to him in 2014 but he refused to sign and is now incommunicado, we have not spoken since 2011
and during the divorce process only communicated through lawyers due to his aggressive and unreasonable behaviour.
Basically, the issue now is that I wish to move on with my life and purchase another property.
I can't afford to go to court because of the costs and even if I do, he is overseas now and I don't know if he would respond at all to any court orders as
he hasn't even paid the court order on the divorce costs.
I just need to know what the risk and possible outcomes of buying another property is without a financial order in place.
thank you
Jane
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.
Are you content to remain on the mortgage of the Buy to Let?
Clare
Customer: replied 1 year ago.

Hi Clare,

Thanks for your response.

No I'm not, so the financial order drafted stated that either he took my name off the mortgage within a year otherwise we would sell and share equity equally.

Thanks

jane

Expert:  Clare replied 1 year ago.
Hi
Have you considered using property law to force the sale of the Buy to let property?
Clare
Customer: replied 1 year ago.

Hi Clare,

I've not heard of this before, please how do I do that?

Jane

Expert:  Clare replied 1 year ago.
Hi
How much are the properties worth and how much is outstanding on the mortgages?
Clare
Customer: replied 1 year ago.

Hi,

I have no wish to sell my property, the buy to let is worth about £109k and mortgage is about £106K.

Expert:  Clare replied 1 year ago.
Hi
I am aware of that but I need to assess the risk if your ex proves difficult
Clare
Customer: replied 1 year ago.

ok, my property has a mortgage of about £107k, current value is approx £230k

Expert:  Clare replied 1 year ago.
Hi
Thank you for that
As a joint owner of the property you can make an application to the court using the Trusts of Land and Appointment of Trustees Act for an Order for the Sale of the property - and it WILL be granted.
You will need to show that you have tried to trace him and serve him - but if not you can ask the court for permission to go ahead and for the Judge to sign the sale documentation in his place.
Half of any equity would have to be help on account for him.
The real point of course will be the hope that the application will force your ex to come forward and resolve matters.
If you chose not to do that then you can still go ahead with a further purchase - whilst it will technically mean that your ex has a potential claim on the new property - but in all honesty it is such a very remote possibility it is not likely that it will actually become a problem - it is your current property that is more at risk
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Many thanks for your response Clare,

could you please elaborate on what the risk to my current property is? I'm really keen to protect this as I believe since I bought it before our marriage and he has had no input in the property that he shouldn't be able to make any claim on it. Is this the case?

Also could you give me a high level estimate of the cost/time/process it will take to obtain the order of sale? is it something i can do myself or better to hire a lawyer?

Many thanks

Expert:  Clare replied 1 year ago.

Hi

No I am afraid that is not necessarily the case.

I do not actually think your property is at high or even medium risk BUT if he applied to the court for a financial settlement then the court would look at all the assets and decide what a fair division would be - taking into account who brought what to the marriage

best high guess on the costs of the sale application?

£2000- £300) (very roughly)

Clare

Customer: replied 1 year ago.

is that 2000-3000 or 200-300. you wrote 2000-300

Expert:  Clare replied 1 year ago.
HI
My apologies - I am a lousy typist
That was £2,000 to £3,000
Clare
Customer: replied 1 year ago.

Thank you very much for your answer,

I'm ready to mark as finished but just wanted to find out if you provide the sale application service and if so, how to contact you.

Also you didn't mention how long the sale application process may take.

Many thanks and best regards

Jane

Expert:  Clare replied 1 year ago.
Hi
Sadly we are not allowed contact outside of this forum.
However if you decide to deal with the matter yourself then I will be happy to support you - and you can contact me via the link in the details below.
The process should take between three and six months
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33541
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
Customer: replied 1 year ago.

Hallo Clare,

Further to our conversation above, I've decided to go ahead and apply for an order of sale and to handle the matter myself.

However I would need legal support as you mentioned above, how would that work using this forum?

Thanks

Jane

Expert:  Clare replied 1 year ago.
Hi Jane
At each stage you can raise a question and ask for me to deal with it
If paperwork needs reviewing this can also be dealt with by way of additional services
Clare
Customer: replied 1 year ago.

Hi Clare,

I've added a monthly subscription to my account now.

I would like to start the process immediately as its become urgent because my ex has not paid the mortgage since February.

What will the first steps be?

Jane

Expert:  Clare replied 1 year ago.
Hi
I am sorry the rules of the site mean that I have to ask you to start this as a new question
Clare

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