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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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 became divorced in January a financial agreement was made

Customer Question

I became divorced in January a financial agreement was made which I signed but my ex husband did not. We are now in an ugly consent order I own the marital home but left due to his various affairs I want to sell the home and split it 50-50 which he is not agreeing to he claims he has funds to buy me out but has no proof of this. Can I get a court order to return to the marital home until the agreement is settled
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months 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.

What was the agreement that was reached and please confirm that there was no Order made by the Court

Customer: replied 3 months ago.
It was drafted by my ex husbands then solicitors they confirmed to me he did not sign it so t was never filed so there is no current court order
Customer: replied 3 months ago.
That he pay me a lump sum he takes full responsibility of any debts and I sign the house over to him
Customer: replied 3 months ago.
I want to sell the property and split it 50-50 but he has declined this, I have asked for proof that he can offer the money but this has been ignored, I want to move back into the property and put it on the market and splits costs 50-50 until the a settlement can be reached.
Expert:  Clare replied 3 months ago.

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

Customer: replied 3 months ago.
Value 595000.00 mortgage 310000 his debts 98000
Expert:  Clare replied 3 months ago.

How much has he offered you?

Customer: replied 3 months ago.
50000
Expert:  Clare replied 3 months ago.

May I ask why you were willing to accept so little?

Customer: replied 3 months ago.
Because I have Cancer and I don't meet the stress but the settlement has not been made so need house sold or I need to know if I can move back into the home and force a sale
Expert:  Clare replied 3 months ago.

Just to check - there has been a Decree Absolute and you have not remarried?

Customer: replied 3 months ago.
Divorce became final 7th Jan 2016 I have not remarried
Expert:  Clare replied 3 months ago.

Do you wish to move back - or just to force a sale?

Customer: replied 3 months ago.
The house was up for sale but would not let viewers in I want to move back and make sure house is back on the market
Expert:  Clare replied 3 months ago.

Why do you think that you need a Court Order to return to the property?

Customer: replied 3 months ago.
Just want to know if I have a right to return or do I need a court order to do so
Expert:  Clare replied 3 months ago.

You are a joint owner of the property and can return to the property any time you wish.

Your ex mat try and apply for an Order excluding you - but unless there is a history of violence it is unlikely that he will succeed

However what also need sto be done id for you to bring the financial issue to a head by issuing the Court applictaion for the finances to be dealt with.

You will have to attend a Mediation Information and Assessment meeting first - but then the form MUST be completed and sent in with the fee of £245 - you can deal with this yourself.

Please ask if you need further details

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