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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 left my family home with my 3 children because my husband

Customer Question

I left my family home with my 3 children because my husband was violent and he wouldn't leave the home. He later sold the home and although it was agreed that I would get a share he basically told me where to go. is there anything I can do about this? The divorce was 15 years ago and he has since remarried.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHave you remarried - and what is your ex's current financial positionHow much was the property worth and how much was outstanding on the mortgage?
Customer: replied 1 year ago.
I didn't re marry, my ex husband has worked for JLR for the past 18 years plus he has a good wage and pension.
We had a 25 year mortgage of £16,000 and were married for 16 years. He sold the property for £115,000 about 10 years ago.
Expert:  Clare replied 1 year ago.
Did you get any legal advice at the time?
Customer: replied 1 year ago.
No I didn't
Expert:  Clare replied 1 year ago.
How long were you actually together?
Customer: replied 1 year ago.

we were married for 17 years

Expert:  Clare replied 1 year ago.
Was he paying into his pension throughout that period?
Customer: replied 1 year ago.
Most of our marriage he didn't work but the last 3years he paid into a pension
Expert:  Clare replied 1 year ago.
How much was the property worth at the time you separated?
Customer: replied 1 year ago.
I'm not sure I think probably around £26,000
Expert:  Clare replied 1 year ago.
So at the time he did give you half of the equity?
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
He gave me £10,000
Customer: replied 1 year ago.
So what is your answer?
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay.
Just so that I can be clear.
At the time you left the house was worth about £26,000 and there was a £16,000 mortgage on the property.
Your ex paid you £10,0000.
Were there any other savings - and did he pay Child Maintenance over the years
Clare
Customer: replied 1 year ago.

There were no other saving.

He paid £50 a week maintenance for the 3 children

Expert:  Clare replied 1 year ago.
The problem I can see is that at the time of separation he paid you more than half of the equity - do you remember why he promised you more when the house was sold?
Customer: replied 1 year ago.
He didn't pay me more than half the equity I remember him promising me a futher £8,000 which would have made it half of the equity so it must have been valued at £36,000. Because of the time lapse I find it hard to remember.
I just wandered if there is anything I should be entitled to?
Expert:  Clare replied 1 year ago.
I do not wish to raise your hopes too far.Technically you MAY have a claim against your ex despite the passage of time since there was never a Final Financial Order sealed by the court within the divorce proceedings AND you have not remarriedHowever the passage of time and the difficulties of proving what he paid as against what was due to you could make it too expensive to be a realistic optionHowever in principal yes you can do something.As a starting point you need to attend Family mediationwww.familymediationehlpline.co.ukto discuss the finances with your ex.Please be aware that your claim is a difficult one - so if he makes an offer to make you go away it could be worth accepting!I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Thank you for your advice.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well