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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I left my wife with a view to divorce over four years ago.

Customer Question

I left my wife with a view to divorce over four years ago. We started using solicitors and she was upset at the amount of money being spent and wanted us to have our own agreement. We owned a house and a flat, it was agreed I would live in the flat and pay the interest only mortgage that was on it, I would sell the flat and any profit would be mine with an additional k60 to be paid to me. The flat is still on the market and after a recent conversation with her, she has informed me that she will be unable to pay me as she has spent the money put aside and i have taken too long. The house is on the market for over £400,000 with a large mortgage but she will not give me information as to how much that is. She is considering leaving the country and if i press for my money, threatens to go bankrupt, she has done this before, what can i do ?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
Are you in fact still married?
If not was a Financial Order made within the divorce proceedings?
Claire
Customer: replied 3 years ago.

Hello Claire. We are now divorced and have been for two years. No financial order.

Expert:  Clare replied 3 years ago.
Hi
Is the house still held in joint names and have you remarried?
Claire
Customer: replied 3 years ago.

Both house and flat are in her name.

Expert:  Clare replied 3 years ago.
Hi
How long did you live together?
Claire
Customer: replied 3 years ago.

8 years. All assets belonged to me as she was just coming out of bankcrupcy the first time.

Expert:  Clare replied 3 years ago.
Hi
May I ask how the properties then come to be in her name only?
Claire
Customer: replied 3 years ago.

I once owned a small golf club with house on site, my wife decided to hate in from shortly after we were married. Purchased a second house in Norwich, 30 miles away so that she could be near her friends and family. To do this i increased the mortgage on the golf club. That became impossible to pay as business was poor so we were advised to put the house in Norwich in her name only to protect in case the club failed. Fortunately I managed to sell up before real problems but didnt change the name on the mortgage to both.

Expert:  Clare replied 3 years ago.
Hi
What was the story with the flat?
Claire
Customer: replied 3 years ago.

The flat was purchased on an buy to let mortgage with a view to holiday letting, its now a very hefty interest only in her name and i still pay into her account every month. Flat in negative equity and mortgage gone from £260 p.month in july last year to £610 now.

Expert:  Clare replied 3 years ago.
Hi
How much is the negative equity?
What income does your ex have?
Claire

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