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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello there my name is XXXXX XXXXX dn i am seeking a little

Customer Question

Hello there my name is XXXXX XXXXX dn i am seeking a little advice about my devorce seperation. We are seperated at the moment and have done most of the speration agreement between as as we were getting on before. There has been a bit of a stumbling block and just wanted some advice on what i could do. My ex wife went through our finaces with me and we decided on the following, i would sign the house and i would get one of our flats and she would buy me out of the last flat. Rebecca wrote a document for this and we both signed it. However when i agreed this settlement the flat we thouight was worth £75,000 and this meant there would be £35,000 worth of equity in there and this was fair as the house had about the smae (a little more) and i was happy for her to buy me out of the other flat as it is in negative equity. When i got my mortgage for the flat after already signing the house over in good faath i found out the flat was only worth £60,000 this mean ti am £15,000 out of pocket. i expalined thisa to rebecca and she was adament as i had signed the document there was nothing i could do. Well it has now come to the time where she would like me to sign over the last flat to her. i have said to her that i am £15,000 out of pocket but am willing to walk away from it for £10,000 thejn we vcan both move on with our lives. I am wondering where i stand in this and if i have a case to take to court or have i shot myself in the foot by signing the document in good faith a while back?

hoping you can help me Jonathan Boden
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Please give me the following information.

What is the house worth?

If you have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Both incomes?

Do you have children?
Expert:  Clare replied 3 years ago.
Hi
Was the Separation agreement drawn up by a solicitor after you had both had legal advice
Claire
Customer: replied 3 years ago.


no rebecca did this and i think her solicitor reviewed it, i have had no advice from a solicitor as yet only on doing my mortgage

Expert:  Clare replied 3 years ago.
Hi
If you were not legally advised at the time the agreement was made - and if there had not been full financial disclosure - then it is not likely that the Court will treat the agreement as binding if you decide to make Financial application within the Divorce Proceedings.
Your offer of compromise seems reasonable in all the circumstances
Claire

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