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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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My ex wife and I divorced 3 years ago but we still have

Resolved Question:

Hi, my ex wife and I divorced 3 years ago but we still have a joint mortgage on the house she lives in with our daughter who is now 18. She now wants to sell the house but not give me any money out of the proceeds. Where do I stand please ?
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 and how much is outstanding on the mortgage?
What financial agreement was reached at the time of the marriage?
Clare
Customer: replied 2 years ago.
Hi the house is worth approximately £500,000 with about £360 outstanding, there was no financial agreement at the time of divorce. Thanks.
Expert:  Clare replied 2 years ago.
Hi
What other assets are there and what in come do you each have?
Have either of you remarried?
Clare
Customer: replied 2 years ago.
Hi there is no other assets, I earn approximately £40,000 and my ex wife approximately £25,000. Neither of us has remained. Thanks
Expert:  Clare replied 2 years ago.
Hi
Your ex cannot see the house without your agreement and the starting point for division of the equity is 50/50
Having said that if your ex made a belated applictaion to the court within the divorce proceedings for financial issues to be dealt with there is a good chance that she would receive more than 50% of the equity - possibly 60% - so it would be worth trying to negotiate with her first using Family mediation
www.familymediationehlpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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