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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
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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I have been divorced years, my ex wife still lives in

Resolved Question:

I have been divorced for 3 years, my ex wife still lives in the home we shared, I have been paying half of the mortgage, she is now getting married. she does not want to sell the house and says I can not force her to. she can not get a mortgage in her own name. Question is Can I insist she sells the house and pays me half the proceeds after settlement of mortgage ?, and will her new husband have any legal right to a share in the property ?
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.
Are there any children involved?
Clare
Customer: replied 2 years ago.

Although the 2 children still live at home they are 25 yrs and 22 yrs old , both working, these children are stepsons

Expert:  Clare replied 2 years ago.
HI
How much is the house worth and how much is outstanding on the mortgage?
Why were finances not dealt with at the time of the divorce?
How long did you live together?
Clare
Customer: replied 2 years ago.

the house is worth approx.£ 100,000 the outstanding mortgage is £60,000, I agreed that she could continue to live in the house after the breakdown of the marriage and we parted amicably, she had a low paid job and would not be able to get a mortgage, we lived together for 12 yrs firstly in a house owned by her, for 8 yrs , of which we both worked and contributed to all costs, and which I invested proceeds from my sale of previous house to make improvements.we lived together in last property for 4 yrs with a joint mortgage, we were seperated for 2 yrs , then divorced 3 years ago

Customer: replied 2 years ago.
Relist: Other.
waiting for reply from clare, need to leave
Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Please confirm that you are joint owners of the property
Would you say that you have both made equal capital contributions?
Clare
Customer: replied 2 years ago.

we are joint owners of the property and made equal capital contributions

Expert:  Clare replied 2 years ago.
Your ex is mistaken - you can indeed force the sale of the propertyYou can do this either by making a Financial Applictaion within the divorce proceedings; or using property law and the Trusts of Land and Appointment of Trustees Act (TOLATA) I suggest that you make an appointment with a local Family mediator in a bid to resolve matters - but be ready to issue proceedings if need be - you will winI hope that this is of assistance - please ask if you need further detailsClare
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