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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Good afternoon, on Sept 9th 2009 my wife & I purchased a house

Resolved Question:

Good afternoon, on Sept 9th 2009 my wife & I purchased a house together, a joint mortgage. On Sept 16th 2009 she told me she wanted to split. After much discussion it was deemed I should stay in the house. This decision was made because we have 3 children aged then 11, 9 & 6 & she would get assistance with renting a house for her self & the children. Since the split I have had the children 3 nights a week, never missed a maintanace payment & have paid for half of clubs, clothing & trips etc. I have paid the mortgage since we moved in & have had no assistance from my ex at all. I have made substantial home improvements & again recieving no help towards them. We divorced in January 2011 & I re-married in December 2013. My question is, I am looking to place the property on the market in the next few months & want to know if the profit will be split 50/50 or is there any dispensation for the time we have been seperated, divorced or the fact she has paid nothing towards any of the mortgage. 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?
Clare
Customer: replied 1 year ago.

There is about 126,000 left on the mortgage & it has been valued around two hundred thousand.

Expert:  Clare replied 1 year ago.
Hi
How much have the improvements increased the value of the property?
Clare
Customer: replied 1 year ago.

I would say up to around 10,000. New boiler, flooring, roof repair, bathroom replaced, new kitchen ceiling, blinds & decoration throughout.

Expert:  Clare replied 1 year ago.
Hi
How much did the structural alterations cost?
Clare
Customer: replied 1 year ago.

For repair work to the roof & kitchen ceiling I would say around £2,000

Expert:  Clare replied 1 year ago.
HI
Just to check - did you pay spouse maintenance or just child maintenance?
Clare
Customer: replied 1 year ago.

It's child maintenance, I pay £225 directly in to my ex wifes bank account from mine as a standing order. I also pay for half of trips, clothing, clubs & taking them on holiday as & when needed. This has been set up since she moved out of the house & I've never missed a payment.

Expert:  Clare replied 1 year ago.
Hi
What income did you each have?
Clare
Customer: replied 1 year ago.

I work full time & she worked part time but got assiatance from the government with housing, council tax etc.

Expert:  Clare replied 1 year ago.
Hi
How much do you each actually earn?
Clare
Customer: replied 1 year ago.

I earn around £28,000 a year

Expert:  Clare replied 1 year ago.
Hi
What does your ex earn from work
Clare
Customer: replied 1 year ago.

Im not sure, she works around 15-20 hours as a teaching assistant for North Tyneside council, maybe around £8,000 - £10,000

Expert:  Clare replied 1 year ago.
Hi
You may have some room for negotiations based on the improvements to the property
This does not include any furnishings or decoration, not the boiler replacement
You will need to discuss this with your ex using Family Mediation
www.familymediationehlpline.co.uk.
If that fails you can try making a claim using the Trusts of Land and Appointment of Trustees Act.
However your ex can still make a claim against you using the divorce proceedings as a base and frankly the costs involved are likely to outweigh any benefit you could achieve
Please ask if you need further details
Clare
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