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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I was hoping someone may be able to give me some advice,

Customer Question

Hi, I was hoping someone may be able to give me some advice, I am currently going through a divorce and cant afford a solicitor and I don't qualify for legal aid so am trying to represent myself. I am currently disputing the marital home and was wondering if when we purchased the house I paid the deposit in full myself, now the house is being sold and there is some profit coming out of it would I be entitled to getting that deposit back? thank you
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.
How much is the house worth and how much is outstanding on the mortgage?
How long have you lived with your ex and are there any children involved?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.

we have been separated since 2008, she nor I live in the property and it has been let out since then, the mortgage is interest only and has 201,000 on it as a redemption payment. I have had an offer for 225,000 which has been accepted and the process started. however when we split I moved to wales she went down south with the man she was having an affair with and said she would rent the house out and pay the mortgage with the rental income. she never did this and kept the money to herself. I only knew what happened 15 months later when the bank said I had 7 days before they were going to repose the house. I then paid the outstanding balance on the understanding she sign a declaration of trust and give up all right s to house and any profit it may make in the future, she did this but now is asking for 5000 pound. I have been asked to provide proof that there is no money for her and she isn't entitled to anything. my father lent me the money to pay the debt she put on the house which now needs to be paid, I don't want her to get any money from the sale and wan to know if I can also get my deposit back. we do have son he is 10. and there are no other assets sorry to go on there, thank you

Expert:  Clare replied 1 year ago.
Hi
How much did you have to pay to clear the arrears?
Who does your son live with?
Clare
Customer: replied 1 year ago.

the arrears were just over £8000 and my son lives with her. however her mother is looking after him most of the time as she works in quite a high powered job

Expert:  Clare replied 1 year ago.
Hi
How much did she receive in rent - do you know?
Clare
Customer: replied 1 year ago.

I don't know but I have been getting between 650 and 800 pcm, which I used to pay the mortgage and all maintenance. I forgot to mention that there is also other monies owed to my father and mother for maintenance which I couldn't afford at the time. in total when the hose is sold my dad will get 13000 and my mum will get 4000. its hard for you to understand all this Claire I get that, that house owes my parents 17000 before the estate agent fees, the conveyance fees, what it owes me. im sick to my stomach that I even took this house on now, after everything she still wants money that isn't there and it just doesn't belong to her. the law is wrong and I don't know what to do

Expert:  Clare replied 1 year ago.
Hi
Deep breaths there is a way through.
How long were you living together?
What income do you each have?
Clare
Customer: replied 1 year ago.

we were together 7 years, I was in the army, she asked me to leave as I was away a lot, which I agreed to, but I wanted to complete 12 years to get half a pension, she agreed. once I left it was only then I found out she was having an affair. I have my own business now, very new,4 years in, I made 9000 on my tax return last year, she is a Microsoft project manager! she is on mega money! I want nothing from her but to be left alone, I don't want my parents to loose there money! they are meant to paid back by the sale of this house which she gave up all rights to years ago. its not right, I cant understand how she can still be entitled to anything out of this house.

Expert:  Clare replied 1 year ago.
Hi
Just to recap.
There is equity in the house of £20,000 roughly.
£8,000 was borrowed from your parents to pay the mortgage arrears that your ex had allowed to accrue, leaving £12,000
You have said that your parents lent you a further £9,000
What was that used for?
Clare

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