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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1389
Experience:  Senior Partner at Berkson Wallace
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I was in coourt yesterday due to my ex wife's difficult

Customer Question

Good Morning Harris, I was in coourt yesterday due to my ex wife's difficult reasoning for the absolute. We were marred ffor 7 years she had children but we did not the children are no adults and do not live at the property. 2.5 years agon the marriage broke down she changed the locks and i have not had access to my persanal possessions since. i have been paying all the mortgage during our married time and for the past 18mths half of it. The court ruled that i was to continue to pay the sume of £58k over the next 7 years with no financial claim on the house as my ex cannot afford to live there. She has no claim to my 30 years RAF pension. I just wanted a clean break and feel that the Judge has made a wrong decision and it has really upset me, do you think I should appeal ? Thank you
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 information first.

How long had you lived together in total, what are the assets worth and what income do you each have?

Were you legally advised?

Customer: replied 1 year ago.
Hi Clare,
My pension CETV is £345, 000
Property £270,00 equity £143,00
Incomes Mine £1829 per month plus pension of £300
Hers £1050 per month
Customer: replied 1 year ago.
I was legally advised with a barrister
Expert:  Clare replied 1 year ago.

Did you ask the Barrister about an appeal?

How long were you living together in total?

Customer: replied 1 year ago.
We were living together around 10 years the house was hers when we met. We added to the mortgage. The barrister did not think there was really much chance of an appeal.Steve
Expert:  Clare replied 1 year ago.

Right

What order was actually made?

Customer: replied 1 year ago.
To pay ex £700 per month maintenance this can be altered down as a secured loan is paid of and if the property is mortgaged to lower the payments per month. I do not get any thing back from the house. I also have no come backs if she fails to keep up the payments and then the house has to be sold, with no more payments from me.
She has know right to any of my pension.
Expert:  Clare replied 1 year ago.

What was the secured loan used to pay for?

Customer: replied 1 year ago.
Joint debts mostly
Expert:  Clare replied 1 year ago.

Why can the property not be sold?

Customer: replied 1 year ago.
The judge stated he wanted to keep her with security and a roof over her head.
Expert:  Clare replied 1 year ago.

How much would a smaller property in the same area cost to buy?

Customer: replied 1 year ago.
Around 200 k I tthinking 7 years the mortgage would be down enough for her to be then able to sell with good collateral or remortgage in her own name
Expert:  Clare replied 1 year ago.

How much is outstanding on the secured loan?