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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34475
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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Ex is buying a house that exceeds our settlement

Customer Question

I've discovered that my ex is buying a house that exceeds what he could afford with our divorce settlement agreed at court. I always suspected he was holding back information about his funds. 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.
ow much is he spending - and how much is he borrowing?
Clare
Customer: replied 2 years ago.

Don't know yet. Do we have a right to ask?

Expert:  Clare replied 2 years ago.
Hi
No I am afraid not - you will have to wait until you have more evidence of how much he paid etc before you can do anything.
If you do manage to gain evidence that he had assets hidden away then the settlement can be reopened.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

What would consitute more evidence? The fact that he's bought a bigger house than he says he could afford?

Expert:  Clare replied 2 years ago.
Hi
Not necessarily no - that often happens.
It is how he funded it that will be important - so anything you hear about the mortgage etc
If there is a huge difference involved you can ask your solicitor to query how it was funded although it can be difficult to force this
Clare
Customer: replied 2 years ago.

So how could I hear about the mortgage without asking?

Expert:  Clare replied 2 years ago.
Hi
Sadly it is about listening put for anything that you can pick up
Clare
Customer: replied 2 years ago.

So if I know the house he's moved to and know how much he paid for it (from Land registry records) and know that is beyond the settlement and what was declared on his FDR, is that enough evidence to ask for more information about how the house was funded?

Expert:  Clare replied 2 years ago.
Hi
Yes that would be reasonable
Clare