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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.

Where does she currently live?

Customer: replied 1 year ago.
In welling, london
Customer: replied 1 year ago.
She has not lived in the house for 5 years, I live in the house
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
She owns the house she lives in
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
She had savings and a friend paid the rest
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
I think 50,000 , the purchase price was 215,000
Expert:  Clare replied 1 year ago.

Have you remarried at all?

Customer: replied 1 year ago.
No, but I have a girlfriend
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
Hi, yes I still need a response, thank you
Expert:  Clare replied 1 year 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 1 year ago.
She does live with me, and we do have a mortgage offer in place now
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
She is, but is demanding $10,000 first
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year 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 1 year ago.

Why did she accept only £9,000?

Customer: replied 1 year ago.
Because that was the deposit she had put on the house
Expert:  Clare replied 1 year ago.

How long were you living together in total?

Customer: replied 1 year ago.
We lived in the house together for 2 years
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
4 years
Expert:  Clare replied 1 year 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