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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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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Divorced 5 years ex wife lived in property jointly owed court

Customer Question

Divorced 5 years ex wife lived in property jointly owed court awarded her 70% me 30% but now she's moved out if property leaving it unlocked and a huge mess looks like she left in a hurry what are my rights?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAre you sure she has left permanently?
Customer: replied 10 months ago.
Yes she has moved into a address I know for certain I telephoned her last night.. I had to secure the house paid a locksmith because she left it open.
Customer: replied 10 months ago.
She changed her address for council tax l I found letter open in the kitchen at the property, there are so many letters left in the kitchen unoped.
Customer: replied 10 months ago.
In the telephone conversation she just said that she having the house repossessed but it's only in arrears by £730 ? I'd like to move in and change the percentages of I can..
Customer: replied 10 months ago.
Please can I had advice I've not heard from you?
Expert:  Clare replied 10 months ago.
My apologies for the delay.Has she agreed to a sale of the property?
Customer: replied 10 months ago.
She wants to sell under value price.. been to property and it's in bad condition been a leak in the bathroom and gone through to kitchen damaged.. I'd like to move in and buy her out?
Expert:  Clare replied 10 months ago.
How much is the house worth and how much is outstanding on the mortgage?Are there any minor children involved?
Customer: replied 10 months ago.
3 children 60k owing worth 140 I want to know if I rights to move in and pay mortgage buy her share?
Expert:  Clare replied 10 months ago.
Can you afford to buy her out?
Customer: replied 10 months ago.
Yes of course.
Expert:  Clare replied 10 months ago.
Her full 705%? (just for clarity)
Customer: replied 10 months ago.
She abandoned the property, I'd like to buy her out, I'd like to move asap what's my rights.. thanks
Expert:  Clare replied 10 months ago.
Provided you can obtain her release from the mortgage - and pay her her 70% of the equity - then there s no reason why you should not return to the property since it is clear that your ex has abandoned it.If she challenges this then you will have to make an applictaion to the court - but provided the finances are in place there is no reason why you should not succeedPlease ask if you need further detailsClare
Customer: replied 10 months ago.
OK thank you most helpful out of sale of the house she's been ordered to pay me back 6K so I would be able to deduct this from the total..
Expert:  Clare replied 10 months ago.
Yes if that is what the order says

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