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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1201
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband separated from his wife in 2004/divorced in December

Customer Question

My husband separated from his wife in 2004/divorced in December 2012 (no financial settlement was agreed at this time). She had 4 dependant children, 2 his. They sold their 10 year family home for £177.500, she bought her house for £151,000 with all the proceeds of the family home and a joint mortgage with my husband of approx £60,000. His name is ***** ***** that mortgage/title deeds and there appears to be a current outstanding balance on the mortgage of approx £56,000. He had £3,000 at that time towards a deposit for a flat. He continued to pay towards the mortgage for approx 6 - 12 months but has paid nothing towards the house since.
He asked her for a £10,000 financial settlement about 9/10 years ago but she refused. He has approached her recently to sort it out and get his name off of the mortgage but she said he is not entitled to anything and won't communicate with him. All the children are now over 20 years old. She and her live in partner of 7 years are both working.
He wants to know if he is entitled to anything and roughly how much. As she won't agree to it, it may have to go to court which is very costly. We don't want to spend a fortune on legal fees just to be told he is not entitled to a thing. I would really appreciate some advice on this matter.
Kind regards
Jackie
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi,

I am OK to wait for a little while longer for an answer.

Thanks

Jackie

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  ukfamilysolicitor replied 2 years ago.

Hello

I am a family solicitor and am able to help.

Please can you provide me with further information.

When was your husband married to his wife?

From your description it appears as though approx £90k equity was used from the former matrimonial home to purschase the current home where his wife is residing - is this correct? Please confirm.

Please could you tell me how the original equity was accrued. Did either pay a deposit?

Kind Regards

Customer: replied 2 years ago.

Hi.

He was married around 1995 and only divorced a little over a year ago, although had be seperated for around 10 years.

The equity was used to buy the current home and the equity for a deposit was raised through a council grant for £20,000 through both of us.

Hope this helps and look forward to your reply

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
Your husband does have a right for the financial matters to be reviewed. You have detailed that your husband contributed equity to his ex wife's current property ( upto 90k) and therefore the matter should be pursued. The position as stated by his ex wife that he is not entitled to anything is incorrect.
I note that they had been separated for over 10 years but the current case law does not prevent your husband from making a claim. It appears from your description that most of the equity accrued in his ex wife's property was as a result of the sale of the former matrimonial home and therefore your husband should seek to obtain a settlement. The normal rule for division is 50/50.
It is important to seek to obtain a copy if the conveyancing file confirming the position of the purchase of his ex wife's current property and how the deposit was paid.
Your husband needs to request his ex wife for full and frank financial disclosure. This is where she discloses details of all her assets and liabilities and your husband does the same.
Your husband should consider making a referral to a mediation service such as www.nfm.org.uk as they can assist in relation to disclosure and negotiations. If his ex wife does not engage / or an agreement cannot be reached then he should make an application to a family court. Your husband would complete Form A. The current court fee is £255.
Kind regards
Positive feedback gratefully received. I am new to this site and am thankful for positive feedback.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1201
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Many Thanks for all your help its grately appreciated

Expert:  ukfamilysolicitor replied 2 years ago.
You are very welcome. Kind regards