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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33534
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 am divorced from my wife for roughly 4 years, however due

Resolved Question:

my name is ***** ***** i am divorced from my wife for roughly 4 years, however due to the hosing market not being the best we still have a house together, when we split up 6 years ago i took over all dealings of the ex marital home even though it is in both our names (my ex wife moved in to rented accommodation before we split) my ex wife has had no dealings with the house in this time, not paid penny into it and not received a penny from it either in this time, she has now informed me that she would like to take over the landlord role which i am not agreed are there any legal grounds that she could force me into this please
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 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

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

Who currently lives there?

Customer: replied 4 months ago.
the house is worth around 115000 there is roughly 115000 outstanding on the mortgage as it was interest only, i have tenants living in there, i've tried taking her name off the mortgage but as its rented out i need to pay at least 25% of the value to get a mortgage which i don't have, also just for information i was declared bankrupt in 2012 with the house as an asset
Expert:  Clare replied 4 months ago.

What action is the Trustee in Bankruptcy taking - and does the rental make a profit?

Customer: replied 4 months ago.
because there is nothing to gain from the house they are taking no action, the profit is 250 a month, i passed through the courts last year i think for payments to my 3 children, the courts agreed 90 pound would be used from the initial 500 i receive to go to my ex for the children and the rest would be used to for me to travel back to the uk (i live in france) and for any repairs to the house
Expert:  Clare replied 4 months ago.

Is there any reason why you are not willing to hand over the responsibility to her?

Customer: replied 4 months ago.
i've put a lot of effort into this house and she has done nothing towards it
Customer: replied 4 months ago.
as i said before i use some of the money to travel back to the uk (agreed by the courts in front of my ex) to see my children who are 12 and 8 year old twins without this it makes it more difficult to afford to get back as i have a low income job in france which means they see their dad less
Expert:  Clare replied 4 months ago.

What exactly has your ex told you?

Customer: replied 4 months ago.
that she is moving in with her boyfriend so she is going to lose out on some benefits, that it's unfair on her boyfriend if he pays towards the girls and her suggestion is that I either give her 300 pounds a month from the rental income (500 a month income from that there is 150 mortgage and the agreed 90 towards our children) or that she takes over as landlord, which either way would effectively mean I can't pay for the children's trips to see me (I go to their home in Sheffield from France and obviously I do the return journey too)
Expert:  Clare replied 4 months ago.

What does the Financial Order say about the property?

Customer: replied 4 months ago.
nothing at all, just that i pay the 90 pounds from the rent money
Expert:  Clare replied 4 months ago.

Just to check - this is the Financial Order - dealing with all the assets?

Customer: replied 4 months ago.
The financial order from the bankruptcy? That just mentions that within 3 years they had the power to take the house from me if the price went up sufficiently enough which it didn't, but if I sell the house and there is a profit half comes to me and half goes to my ex they claim the bankruptcy amount from my half - if there isn't any and it's a loss then my half is covered by the bankruptcy and my ex has to cover her loss I was also told that the bank still would want their money and they would claim my half from her (not sure how true it is though and wouldn't want that to happen as its my kids that will suffer in the end).
The financial part from the money for the kids just states I give them the £90 from the rental income
Expert:  Clare replied 4 months ago.

I think we are talking at cross purposes

Was there a Financial Order made by the court within the divorce which dealt with the matrimonial home and any other assets?

Customer: replied 4 months ago.
Sorry No there wasn't
Customer: replied 4 months ago.
Although I'll check again in the paperwork and let you know in the morning
Expert:  Clare replied 4 months ago.

Right

Has your ex actually remarried?

Customer: replied 4 months ago.
sorry for the delay in replying I've been at work, no she hasn't remarried, I checked the paperwork and there is nothing that says anything about the financial side, just a child arrangement order
Expert:  Clare replied 4 months ago.

Are you willing for the property to be sold immediately?

Customer: replied 4 months ago.
Just been talking with my current wife about that and although it would be hard financially to pick up the children we would find a way so yes I would sell it tomorrow if I could, I gather I would need her permission to put it up on the market
Expert:  Clare replied 4 months ago.

I am afraid that legally your ex has always been entitled to 50% of the profit on the rental - the wording of the Children Order was not binding financially.

If your ex wishes to change matters then she can apply to the court for a Financial Order within the old divorce proceedings and seek an Order either for sale - or transferring the property to her name.

The only basis on which the transfer would happen is if she could remove your name from the mortgage.

The other option is for you to make an applictaion under property law for an Order for Sale.

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thank you very much for your assistance
Expert:  Clare replied 4 months ago.

You are welcome - I wish the news was better

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33534
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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