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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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On the 6th December 2012 I was awarded the matrimonial home

Customer Question

On the 6th December 2012 I was awarded the matrimonial home and was given leave to sell the house and pay off outstanding mortgage and on the 21St January 2013 the mortgage company took my ex husband to court to gain posession of the matrimonial home which was in his name alone and the district judge agreed for the reposession of the property giving an eviction notice on or before 1st April 2013, my legal aid fees came to over £11000 which the first judge said my ex husband had to pay so what can I do to safeguard myself from eviction and to uphold the first Judges order of 6th December 2012 if anything or how do I get legal representation I have no monies?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions !
How much is the house worth and how much is outstanding on the mortgage?
How far has the sale process reached?
Claire
Customer: replied 4 years ago.

House is on sale for £450000 no sale so far, outstanding on the mortgage £179000 plus Northern Rock are asking for monies for sale of house and costs, solicotrs fees etc, also there is a second charge with Blemain Finance for approx £5000, a letter is in the post from Milton Keynes Courts to the effect that I have to find legal representation to go ahead with my appeal and it have costs incurred?

Expert:  Clare replied 4 years ago.
Hi
How are the proceeds of sale to be divided?
Does the price need reducing?
Claire
Customer: replied 4 years ago.

the proceeds of the sale are to be all mine according to the directive of the furst Judge of 6th December 2012 but.........


on 21st January 2013 the Judge ordered for reposession and then the excess from the sale would go to my ex husband unless Northern Rock take notice of the first judge as again the house was in his name only....


I can reduce the prive but its the legality of which Judge and who takes notice of the first Judges directive that I have the final proceeds, hope this makes sense


Jill

Expert:  Clare replied 4 years ago.
Hi
Does the estate agent think a price reduction will help?
Claire
Customer: replied 4 years ago.

I have spoken with them today and reduced the house to £430000

Expert:  Clare replied 4 years ago.
Hi
Excellent news.
The confusion has arisen because the Repossession Judge could not Order that the balance should be paid to you despite the Order made within the divorce proceedings.
You can however get an Order from the Divorce Court directing Northern Rock to pay the balance to you rather than your ex.
Sadly what you cannot do is reverse the repossession order unless you can clear the arrears?
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

how do I go about asking the courts to tell Northern Rock that the proceeds should be mine? how do I apply? if you can help I would be very grateful.


Jill

Expert:  Clare replied 4 years ago.
Hi
You apply within the divorce proceedings using a Form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
The Court fee is £90
Claire