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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
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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As part of my divorce settlement it was stated my ex husband

Customer Question

As part of my divorce settlement it was stated my ex husband and his then partner would give me £5k and then I sign the property over to them. However they failed to get a mortgage so I never signed the property over to them as they were both named. Fast forward 3 years and my ex husband and his new partner have managed (supposedly) to secure a mortgage in order to remove my name off the current mortgage and therefore property. As I've stated its been 3 years since I first agreed the £5k (which was paid too me 3yrs ago) but now the property price has increased around £40k. Am I able to request more money in order to now be able to sign property over to him, as I feel I was misled in the first place as he hadn't got a mortgage 3yrs ago.
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Was there an Order sealed by the Court setting out the Financial arrangementsHave you applied for a mortgage in the last three years?
Customer: replied 11 months ago.
I have some paperwork that has Notice of an application for a financial order, I also have one that is in Relation to a Financial Remedy. However I can't remember if these were just copies and I returned the signed ones. I've never received anything from the courts except for my divorce absolute. We never did a financial disclosure either as he is a police officer with an army pension and he was apparently awaiting his annual statement so it never got completed.Unfortunately I haven't been in a position to go for another mortgage after all my money from a previous house sale went into the one I purchased with ex husband.
Expert:  Clare replied 11 months ago.
HIHow long did you live with your ex - and have you remarried at all?
Customer: replied 11 months ago.
Lived with him for 3 years and no I've never remarried
Expert:  Clare replied 11 months ago.
how much WAS the house worth and how much was outstanding on the mortgage.What other assets were there at that time
Customer: replied 11 months ago.
The house was £10k -£15k in negative equity 3 years ago. We had our own cars and that was it. I paid £16k loan off for him in order to get our mortgage I also put £10k deposit down and refurbished the whole house with carpets new boiler and decorating. He was renting when we met whereas I had my own property. All I'm interested in, is whether, if he and his new partner are able to get a mortgage to be able to remove me then am I entitled to more money from him as the house worth has increased the mortgage has remained the same due to the last 5yrs he has paid interest only. All I received stamped from courts was a document with regards ***** ***** children (from previous relationship) and the decree absolute. I've never received anything to state about monies or property.
Expert:  Clare replied 11 months ago.
I do understand what you want to know - but sadly the financial facts are relevant.
What income did you each have?
Customer: replied 11 months ago.
He has £30k + annually .. I am still currently unemployed.
Expert:  Clare replied 11 months ago.
Was that the position 3 years ago?
Customer: replied 11 months ago.
Yes. I moved back to West Midlands, so was without employment
Expert:  Clare replied 11 months ago.
Can you prove the £26,000 investment came from you alone?
Customer: replied 11 months ago.
Yes I can get my bank statements to prove all payments
Expert:  Clare replied 11 months ago.
Last question (i hope) did you have any face to face legal advice before you agreed to accept the £5,000?
Customer: replied 11 months ago.
Yes and the solicitor said due to the house being in negative equity that the £5k was a fair deal from him
Expert:  Clare replied 11 months ago.
Were you meant to be released from the mortgage immediately - or just as soon as he could do so?
Customer: replied 11 months ago.
Immediately, his solicitor sent me the deeds to sign over the house to him and his now ex partner but I requested proof of a mortgage as I knew the property was in negative equity and as I previously worked in the property market didn't think it possible for them to have a huge deposit as it was why he could only give me £5k. I never received any further correspondence from his solicitor and then he contacted me via email to say they could not get a mortgage and he had actually put more money on the mortgage that my name was on by having them look into a mortgage for them both. Now he and his new partner have apparently managed to get a mortgage and a differnet solicitor is sending me letters to sign for them to take the property/mortgage over.
Expert:  Clare replied 11 months ago.
Are you sure that the Financial Order was never sealed - this is very important?
Customer: replied 11 months ago.
The only paperwork that I have stamped from courts is to do with children and decree absolute. I have paperwork that I haven't signed which has the title of financial order. I know that financial disclosure wasn't completed. Guess the only way I can be 100% is too contact his solicitor to see if they can look back 3 yrs for his file.
Expert:  Clare replied 11 months ago.
No that sounds good.
Why was the financial disclosure not completed?
Customer: replied 11 months ago.
Because although his sols sent some of his financial status she never sent his pension or the fact that I know he held some savings with the police. It's because from the word go I said I wanted £17k that would cover the loan that I paid for him I was willing to accept that what I put into the house was gone but not paying off a loan for him. I never signed and sent my financial disclosure until I had everything of his which is all the emails that I've just looked back over is what his sols is requesting from me. But as the divorce went through I wasn't sure if that could be applied for if everything else wasn't in order. I know I wouldn't get anything from his pension as we didn't live together long enough for that.
Customer: replied 11 months ago.
I can confirm that no financial order or anything to do with finances was submitted to the courts
Expert:  Clare replied 11 months ago.
Hi
Since there has been no financial order and you have not remarried it is not too late to ask the family court to deal with the financial issues within the previous divorce proceedings
Your ex will argue that since it was agreed that he would pay you £5,000 and that he would keep the property then you are bound by that agreement and not entitled to anything more.
However the fact is that he did not give full financial disclosure and you were NOT released form the mortgage - and could not move on because of that.
It is hard to assess what the outcome of a court application would be - but the possible cost may force your ex to offer something
You should offer to discuss a new agreement wtih your ex using Family Mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 11 months ago.
Would I be able to pursue the £16k debt separately that I paid off for him?I have informed him that I won't be signing the deeds and that the matter needs to be discussed. He is now threatening to leave the property and stating I need to give him 50% of the 'interest only' mortgage from now until the sale of the house if I won't sign the papers.
Expert:  Clare replied 11 months ago.
No that forms part of the matrimonial claim I am afraid.If he moves out you cannot be forced to pay half the mortgage - it will come form the proceeds of any sale

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