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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 separated from my ex approx 2009 and continued to live in

Customer Question

I separated from my ex approx 2009 and continued to live in the marital home with 2 x elderly children (18 and 19), paying all of the bills myself. My ex moved out and started renting.
I met someone in Sep 2012 and partially moved out so my children asked if their mum could move back in which she did. My relationship was short lived and I then lived with my daughter and friend for approx. 6 months before renting a place myself. In Dec 2013 we eventually divorced and up to that time I continued to pay all bills and it was only on divorce I started to swap over d/d's that she should be responsible for.
On divorce the court ordered
1. The house should be sold forthwith with the equity after charges should be split 1/3rd to 2/3rd in her favour.
2. I should pay £79.50 p/m as a contribution to the mortgage until the house is sold.
3. The shares held by her should be sold and shared equally.
None of the above have happened and the mortgage (£244) and house insurance (£66) have been split £150 her/£160 me, which still continues today.
I believe these decisions where determined on the current value at that time 2013/14 which was £270,000. We had a mortgage debt of £68,000 which would have left an equity pot of approx. £195,000 - split £65,000 / £130,000.
The house is now up for sale because I have forced the issue, for £308,000, less mortgage debt of £62,500 and sale costs, leaving an equity pot of £243,000.
Had we sold the house immediately, say for £270,000, we would have had £48,000 less than we have today. With this in mind, I feel the 1/3rd to 2/3rd split should not apply and it should at least be 50/50 as it is in addition to anything that was negotiated at the time of divorce.
Since the divorce, she has dragged her heels in selling the house, getting it ready or finding somewhere else and in the meantime, I have been paying £1,000 p/m rent as well as £160 p/m towards the mortgage and insurance and have been since Mar 2013 thus have wasted 4 years of paying out rent, in excess of £48,000, and money that could well have been put into a new property had our house been sold immediately on divorce.
I have shared all of this detail with her and asked her to consider a split of the equity on sale (£240,000) to £90,000 and £150,000 in her favour but she is yet to respond and I have now found out she has put in an offer for somewhere and quite likely will not agree to any proposal other than a complete 1/3 to 2/3 split.
Am I being unreasonable or do I have grounds for asking for more, mainly because what I have wasted money and potential savings on rent whilst she has failed yo move out despite regular requests
KR
Jimmy Johnston ***********
Submitted: 5 months ago.
Category: Family Law
Expert:  Clare replied 5 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

Why did you continue to pay twice as much as you needed to?

Why did you not force an earlier sale of the property?

Customer: replied 5 months ago.
Hi
I thought the house was going to be sold quickly especially as she had had it valued at the time.
I knew she was not earning a great deal and ended leaving it at 50/50 once all of the d/d's were transferred.I regularly asked her to get the house up for sale and to find somewhere else because I can't afford to be paying rent long term. She just kept stalling, saying that the extension wasn't finished and the council. So this will need done before I sell it.
I didn't want to force it too much as I have a great relationship with all of my children and didn't want them to think I was being too harsh. However it is them who have forced me to contact you
Expert:  Clare replied 5 months ago.

Who paid for the extension?

Customer: replied 5 months ago.
This was all paid for before divorce proceedings but just not completed. We had a small petty cash account which contributed to finishing some things off. When that run out I paid for a couple of other things like loft insulation and external soffit lighting (approx. £100). We are just waiting for an extractor fan to be fitted next week which I can only presume she will expect me to pay. The council will then sign off the extension.
Just to add, she is also in a relationship and has been for approx 12 months, he does stay at the property regularly but mainly weekends
Customer: replied 5 months ago.
Is there any more info you need to know
Customer: replied 5 months ago.
Hi Clare
Are you still working on my query as I don't seem to have an answer yet
Customer: replied 5 months ago.
Hi Clare
Still waiting for an answer
Expert:  Clare replied 5 months ago.

My apologies for the delay.

The news is not good I am afraid.

You have no legal basis to ask for an extra percentage share - so unless she agrees then all you can claim for is the extra payments that you have made over and above the £79.50 a month that was ordered by the court.

I fully understand why you did not press for the sale at any point in the last four years - but legally you could have done so and the court makes no allowance for your wish to be generous.

I am sorry not to have better news for you but please ask if you need further details