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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33896
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 divorced my wife 7 years ago. We had a joint mortgage. I

Customer Question

I divorced my wife 7 years ago. We had a joint mortgage. I live in the house, but was unable to remove her name from mortgage. She now wants to sell the house, but I do not. I am now able to remove her name from mortgage for earn enough money. There was no maintenance payments agreed from the divorce, for we have no children. Can she force me to sell my home?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How much is the house worth and how much is outstanding on the mortgage?

How old are you both and was any financial agreement at all made at the time of the divorce?

Customer: replied 11 months ago.
The house is worth 265,000, the mortgage is 140,000
I am 46, she is 44. There was no financial agreement at the time of the divorce. I did pay her 9000 4 years ago which she had put up for the deposit
Expert:  Clare replied 11 months ago.

Where does she currently live?

Customer: replied 11 months ago.
In welling, london
Customer: replied 11 months ago.
She has not lived in the house for 5 years, I live in the house
Expert:  Clare replied 11 months ago.

Sorry - I should have been more specific I meant who owns the house she lives in

Customer: replied 11 months ago.
She owns the house she lives in
Expert:  Clare replied 11 months ago.

Excellent

Did she use the £9,000 for the purchase and is the property in her sole name

Have you remarried?

How much is her property worth and how much is outstanding on the mortgage?

Customer: replied 11 months ago.
She used the 9000 to help buy the house. It would be worth 300,000
She has no mortgage left to pay and it is in her sole name
Expert:  Clare replied 11 months ago.

How did she manage to pay off the mortgage so fast (and yes it is relevant)

Customer: replied 11 months ago.
She had savings and a friend paid the rest
Expert:  Clare replied 11 months ago.

How much did she have in savings and what was the purchase price

Customer: replied 11 months ago.
I think 50,000 , the purchase price was 215,000
Expert:  Clare replied 11 months ago.

Have you remarried at all?

Customer: replied 11 months ago.
No, but I have a girlfriend
Expert:  Clare replied 11 months ago.

My Apologies - this fell off my list for some reason - do you still need a response?

Customer: replied 11 months ago.
Hi, yes I still need a response, thank you
Expert:  Clare replied 11 months ago.

Does your girlfriend live with you - if so is there any reason why she could not go on a mortgage with you?

Customer: replied 11 months ago.
She does live with me, and we do have a mortgage offer in place now
Expert:  Clare replied 11 months ago.

Excellent - is your ex willing to agree to the Transfer?

Customer: replied 11 months ago.
She is, but is demanding $10,000 first
Expert:  Clare replied 11 months ago.

Last point - how much was the equity at the time you gave her £9,000?

Customer: replied 11 months ago.
At the time the property was worth around 190,000, the mortgage to be paid back at that time was around 150.000
Expert:  Clare replied 11 months ago.

Why did she accept only £9,000?

Customer: replied 11 months ago.
Because that was the deposit she had put on the house
Expert:  Clare replied 11 months ago.

How long were you living together in total?

Customer: replied 11 months ago.
We lived in the house together for 2 years
Expert:  Clare replied 11 months ago.

How long did you live together in total - in any property?

Customer: replied 11 months ago.
4 years
Expert:  Clare replied 11 months ago.

Your problem is that under property law as thing stand your ex is entitled to 50% of the equity.

You can certainly argue that she has already received some of her entitlement - but you have confirmed that she only received 25% when you separated

which would allow her to claim that she is entitled to 25% of the current equity.

Since you have not remarried you can still apply within the matrimonial proceedings and ask the court to award you the balance of the equity on the basis that she used money form the matrimonial home to purchase an alternative property and you are entitled to have a claim on it.

It is not a totally unreasonable argument - and does give you the basis to open negotiations with your ex using Family Mediation

Please ask if you need further details

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