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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2292
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex-husband, myself and our 2 children (16 & 10) moved to

Resolved Question:

My ex-husband, myself and our 2 children (16 & 10) moved to Dubai 8 years ago. We got divorced 4 years ago due to an affair he had lasting 10 years. We all still live in Dubai, i have got remarried and he has official custody of the children but we share the care. We had a family home in the UK for over 20 years which i would like to have sold so i can purchase my own home. My ex husband has offered to pay me 37.5% of the value to take my share. However he is constantly telling me that if i go to court to try to take 50% or force a sale that i will get nothing. Is this correct?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Just a bit more information required -
1. Is the property held in joint names and 50-50 shares?
2. When you say agreement, is this just a verbal agreement?
Customer: replied 1 year ago.
yes, the property is in joint names.
The agreement is verbal, however i do have a solicitor on my side trying to do the transfer transaction for me, so there is sufficient emails to show that there is an agreement of this nature. The reason behind the 37.5% is that I was not working for a few months while i had the children and also when my ex husband initially moved to Dubai before us, i was unable to work for a year, in that time he saved some money up and paid off the last bit of the mortgage so he says that he paid more of the mortgage off than me. I don't agree with this but not sure if i have a choice.
Expert:  Harris replied 1 year ago.
Thanks. Also, was there a final order in relation to finances alongside the divorce? Or were finances not dealt with?
Customer: replied 1 year ago.
We got divorced in Dubai so this was not addressed, and at that time as the house was on rent and we hadn't lived there for many years so it wasn't a concern and we decided to leave it as it was. I would like to purchase a house in the UK which is why i need the money from this one. Finances wise, we always had our own bank accounts so there was nothing really to deal with.
Expert:  Harris replied 1 year ago.
Thanks.
I can only advise younin relation to the law of England & Wales, as the law in the UAE will be different.
As you have remarried you will not be entitled to pursue an application to court regarding the matrimonial finances. Your only option would be to consider a civil remedy in order to obtain a 50-50 split of the property as this is how the property is held.
However, provided that your ex-husband has not remarried, he can submit an application to an English court regarding the finances which will deal with the former family home, an possibly the wider assets.
Whether the court will agree with the current proposal or order an alternative settlement will be dependant on various factors such as the length of the marriage, contributions made (financial and non-financial), the needs of the children, your needs and his needs.
Given that he has the main care of the children and you have now remarried, it may be the case that the court will side with him, however more extensive details (full financial positions) would be required to fully assess this.
Expert:  Clare replied 1 year ago.
HII believe that my colleague is unduly pessimistic about your position.As a joint owner of the property you are entitled to apply for an Order for sale and it will be granted.The fact that you may have paid less of the mortgage is not going to be relevant so fas as property law is concerned given that it was the Matrimonial home.Since the Divorce took place in Dubai your ex cannot make a claim under matrimonial law unless he can show that it is necessary to "alleviate the adverse consequences of no, or no adequate, financial provision being made on divorce by a foreign court" - Clare
Customer: replied 1 year ago.
Hi, My ex and myself have good jobs and also have other properties, he has one in Dubai, i have a a third share of my parents properties in the UK as they passed away earlier this year. There is no financial difficulty for any of us. We didn't ask for any decision to be made regards ***** ***** as they have always been separate except for this property. And the only reason for asking for the sale of this property is so i can purchase my own home. It has been on rent for the last 8/9 years.
I need to understand whether i should give in to the threats of either accepting 37.5% or going to court and getting even less.
Expert:  Harris replied 1 year ago.
Thanks for the further information. The reasons he is stating would not necessarily mean that he should receive a higher share of the property as it was the family home and at the time you would be providing non-financial contributions by raising the children and possibly maintaining the family home.
You would need to consider the potential costs if the matter did go to court and whether contesting his proposal would be worthwhile.
Expert:  Clare replied 1 year ago.
In fact your case is the strongest and your ex has little chance of getting more than 50% of the equity - so the decision is yours
Expert:  Harris replied 1 year ago.
Sorry, for the intervention by my colleague above which basically reiterates what I had said that your non-financial contributions will be sufficient to prevent him claiming a higher share due to him repaying the mortgage during that time solely.
Please let me know if you have any questions. If you are satisfied with the information provided please could you provide a positive rating so that the question can be closed.
Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please let me know if you have any further questions. If not and you found the information provided helpful please could you rate my response positive so that the question can be closed.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2292
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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