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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22569
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I dovirced my husband a few years ago and I bought him out

Customer Question

I dovirced my husband a few years ago and I bought him out of the home. He wanted more money than there was equity so he has an interest in the house. I was meant pay him the remainder of the money in July 2011 but the house prices never changed and I couldn't raise the money. I took legal advice then and was advised to wait and do nothing and wait for my ex to take me to court. They told me there was no chance of him winning as he'd already had 100% of the equity from the home. My question is, I have a few rules i need to keep (cannot sell, cannot get a secured loan against the house and no-one can live with me). There has been no mention of court proceedings against me and i wonder how long this can remain open for? Is there a time limit he has to take me to court or could I still be in limbo for years to come?

many thanks
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
How did you buy him out if there was no equity? Was this sealed into a court order? Can we have background please? Thanks
Customer: replied 4 years ago.

I re-mortgaged and gave the equity to him which gave me a 100% mortgage.
The house prices did not change in the 2 years I had to raise the remaining money and still haven't in the almost 2 years since. It was a court agreement but previous advice told me he would need to take me to court to sue for the remaining and that it was very unlikely I would be made to pay the rest as I should never have agreed to the terms in the first place.

Customer: replied 4 years ago.

I've just dug out the paper work and it's a legal charge which is with the completion of registration - Land Registration Act



Expert:  Stuart J replied 4 years ago.

And what is the value of the charge?

The agreement not to co-habit etc. where is that documented? What exactly did you give him back then? You said the property was in negative equity so how could you give him anything? Can we have fine details of what was agreed and how please? Thanks

Customer: replied 4 years ago.

The legal charge was made on 2 July 2009.


1.1.1 the death of the mortgagor

1.1.2 remarriage or cohabitation with another person as man and wife for a period of aggregate periods exceeding 6 months

1.1.3 any disposition of a legal or equitable estate or interest in the mortgaged property

1.1.4 the 2nd anniversay of the date of the legal charge.


New mortgage = £149,524.71

previous mortgage = £134,630.98

paid to former husband = £12,480


remaining to pay to former husband = £15,500


My home has been valued at £150,000 for the last 3 1/2 years.



Expert:  Stuart J replied 4 years ago.

I appear to me missing what is triggered by 1.1.1 etc

Did you agree to pay him £27,980?

Customer: replied 4 years ago.

I did - against the advice of my solicitor (I had to sign a document saying I hadn't taken his advice). I naively thought the property prices would rise and I spent the 2 years after the divorce completely rennovating the house to make it more valuable. To no avail as it's transpired.


The thinf is, I know if he took me to court they woudn't make me pay as I've aready been told that. What I want to know os how long this has to drag on for before this agreement is null and void?

Customer: replied 4 years ago.

I did against the advice of my solicitor but I really just wanted the divorce done and him to go. I naively thought the property prices would go up and I'd be able to pay the remaining even though he had no entitlement to it. I've been advised that a court woud not agree for me to pay him the rest but I have to wait for him to take me to court.


However this is almost 2 years ago and there's no sign of court hearings. Can this just drag on indefinately?

Expert:  Stuart J replied 4 years ago.

It appears that various events trigger the repayment of the charge.
However, even you some of those events have passed (2 years), he isnt pressing

The fact that you agreed this doesn't assist you, although the fact that
you declined legal advice does to an extent.

This could go either way in court so don't bank on not paying him as you
did clearly agree to do so. However, I don't know on what basis he got more
from the marriage than was actually in it!

The ball is in his court as to whether he presses for payment or not. Can I
help further?

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