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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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 was in the process of getting a Consent Order signed by my

Customer Question

I was in the process of getting a Consent Order signed by my ex-wife, but have just herad that she has remarried without telling me. We jointly own a house whicvh she is living in. We have 2 children together, and she has 2 children by a previous marriage. The man she has married is well off and also has 2 children. I've been told that I can no longer pursue the Consent Order. Please can you tell me what my rights are and also whether I can now claim a share of the Equity of the house?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
The house is worth £260000 and there is £120000 outstanding on the mortgage.
Expert:  Clare replied 1 year ago.
Hi
Are you currently paying child maintenance?
Are you sure she has remarried?
Clare
Customer: replied 1 year ago.
Yes I'm currently paying child maintenance for my 2 children and I am sure she has remarried.
Customer: replied 1 year ago.
Hi Clare
Do you have an answer for me?
Thanks
Will
Expert:  Clare replied 1 year ago.
HI
My apologies for the delay
Have you remarried?
Clare
Customer: replied 1 year ago.
No, I am engaged and getting remarried in June, so need to progress a financial settlement as quickly as I can. I've been told that my ex no longer has the right to claim all the equity in the house, so I want to claim a portion of it so I can start a new life. I am currently living with my mother, as I was paying the entire Mortgage and child support, and so couldn't afford a place of my own.
Expert:  Clare replied 1 year ago.
Hi
Who is currently paying the mortgage and have you already been to family mediation?
Clare
Customer: replied 1 year ago.
I was paying the Mortgage until a couple of months ago, when my ex then got the Mortgage changed into her name, expecting me to then sign the deeds across to her. We went to family mediation, but my ex would not agree to any of the proposals for me to get some of the equity out of the house. The only thing she agreed to was for her to get the house and she would allow me to stop my child support payments, but I knew that that was not enforceable by law. I had a consent order drawn up, but she delayed signing it and then I heard she had remarried. I feel that this changes things and would now like to pursue trying to get some of the equity from the house and am happy to continue paying child maintenance. I have no savings, since I had to pay the whole Mortgage since we get divorced and would like a lump sum to enable me to buy another house. My ex is now working full-time and earns more than me.
Expert:  Clare replied 1 year ago.
HiYou are correct - it does indeed change everything (and I am appalled that the mediator agreed that there should be an agreement involving you not paying child maintenance)Your ex cannot claim any assets that are in your sole name - her claim is limited to assets in joint names (the house)I am afraid that as a starting point you will need to go back to mediation and discuss the possible sale of the propertyHowever if she does not agree you will have two options.You can either make a claim within the Family Proceedings and ask the Court to order that your ex either pays you a lump sum and releases you from the mortgage or that the house is sold and the equity divided equally between you.The other option is to use Property law and apply for an order for saleI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Do we have to go back to Mediation as we discussed all the options for dividing the equity in the house when we met with the mediator, and she wouldn't agree to any of them? Can't I just get the mediator to sign the Form A and lodge it with the court asking for a share of the Equity?
Expert:  Clare replied 1 year ago.
You can if the mediation is recent!You already have a share of the equity - that is now safe - it is when you get it that is in question!
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare
My ex is claiming that if I take her to court, she will get all the equity in the house and is refusing to negotiate a settlement via a new mediation session. The facts are as follows:
We have 2 children together aged 7 and 9, who live with her and I pay child support for them.
She also has 2 children from her first marriage, aged 16 and 18 who also still live with her.
She lives in the family home, for which I paid the entire mortgage until a couple of months ago.
When she asked me to leave, I took nothing with me except my persoanl belongings, so she got all teh contents of the house. I cam into an inheritance from my father, just over a year before we separated, and I spent £55000 on teh house and the remainder on a trip to Florida for teh whole family.
I have been living with my mother as I can't afford a place of my own, as the mortgage and child support took most of my salary. I earn £26000 a year, with no bonus. I have no savings.
My ex remarried in Novemeber and she is earning £27000 a year and has married an aircraft test engineer, who has moved into the house with her. He owns another house jointly with his ex.
The mortgage on the house in £105000 and the house is worth +- £200000.
I would like 40-50% of the equity from the house, so I can start a new life and buy a small house or apartment as I am engaged to be married and my fiancee does not own any property.
Do you think this is a reasonable request?
Please can you expalin what you meant by using Property Law?
Many thanks!
Customer: replied 1 year ago.
Have just read this back - apologies for the typos! :)
Expert:  Clare replied 1 year ago.
Hi
Your ex is wrong
She is only entitled to 50% of the assets given her remarriage and there is no reason for a delayed sale since she and her husband can afford to rehouse themselves and the children.
Clare
Customer: replied 1 year ago.
Thanks Clare. Is there an option to apply Property law and force a sale via that route and not go to family court?
Expert:  Clare replied 1 year ago.
Hi
In this case you would be better off in the family court - her remarriage cripples her in the family court and is not relevant in property law.
However if you wish to try the other route the details are here
https://www.slatergordon.co.uk/media/5139437/land-disputes-a-guide-to-procedureweb.pdf

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