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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I bought the porperty where I now live in April 2001 in my

Customer Question

I bought the porperty where I now live in April 2001 in my sole name and later married my then partner in 2004 who had lived with me at the property from when it was purchased. My name remained the sole one on the title deed.
In December 2011 he was arrested for assaulting me for which he was found guilty in May 2012 and sentenced to a year's probation, a community order, fined and made to pay damages to me, during this period he resigned from his job as a college lecturer-he returned to the property but was re-arrested January 4th 2012 and has not been resident since then.
I was granted a decree absolute in September 2012 on the grounds of unreasonable behaviour.
Previous to this I remortgaged the property, consoladating the existing mortgage with a secured lone-the value of the mortgage is £85,000 there are 15 years to pay it is interest repayments only-I recieved £10, 000 which I used to pay debts and on some urgent home improvements.
My ex husband's solicitor are asking for sight of the completion statement.
I have recieved no payment from my ex husband since he has left the house and the only utility bill in his name was for the gas and electric supply which was converted to a pre payment meter because he defaulted repeatedly on payment.
His solicitor registered his matrimonial home rights with the land registry which was registered on 13th July 1012 I remortgaged the property on 14th June. I lodged a sucessful application with the land registry on 7th March 2013 to have his name removed
On 15th April 2013 I recieved a letter from his solicitor contending that my ex husband has a 50% interest in the property and are asking if I intend to purchase his interest or put the house on the market and if i do not respond in 14 days are threatening to issue ancillary relief proceedings.
I will probably have to do most of the work on this myself so I really need to know what my position is in your opinion, how much do i disclose to his solicitors etc they don't know that my ex's is no longer registered as having matrimonial rights with the Land Registry-there is little equity in the property, probably £30,000 and if I have to pay him anything I will have to sell, I should add that my ex is 50 and unemployed I am 43 and in full time employment.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What was agreed in the ancillary relief proceedings?
Expert:  Clare replied 3 years ago.
Hi
Thank your for your question I will do my best to assist you but need some further information first.
I note that the equity is £30,000 at most - but do either of you have any other assets and what is the pension position of each of you?
Claire

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