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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My marriage is over , but not yet divorced the property

Customer Question

Hi,
My marriage is over , but not yet divorced the property is in joint nmaes and so is the mortgage and the personal loan. My ex only gives £500.00 for mortgage which is not enough i have kept account which needs to be updated will run into about aproximately £600.00 + or - i . this is been going on for about three years and shes been working fulltime . she refuses to give more money , but the money shes giving is not her half its less. i am planning to take her to the small claims court. i need advice on this
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I will do my best to assist you but I need some further information first
Who is currently living in the property?
How far has the divorce reached how much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

both of us is living in the property and in separate rooms. well she started the divorce proceedings in 2012 June than stopped it and has not gone any further , i am struggling financially as i i have just recovered from a triple heart by pass operation and returned to work. i am trying to find away o start the divorce proceeding. The property is worth approx in its current condition as it needs lots work done is about 200,000.00 or less balance is approx £ 109.000.00. i want her to pay her half share of mortgage payments and loans and work done on the house previously. sorry i am not fast in writing cause i get angry about this situation.

Expert:  Clare replied 4 years ago.
Hi
How far did the divorce proceedings reach?
Claire
Customer: replied 4 years ago.

she started it in june 2012 and than after few starts stopped it , so its back to square one

Customer: replied 4 years ago.
She stopped it after few weeks. and ever since not proceeded with it. My question is about her half contribution which she is not maintaining it to me , i am having to pay for all of it. i am not asking about diirce proceedings.
Expert:  Clare replied 4 years ago.
Hi
I am afraid that there is no action that you can take in respect of her failure to contribute half of the expenses except within divorce proceedings
You cannot use the Small Claims court for this as there is no contractual basis on which you can demand payment and your claim would be thrown out - AFTER you had paid the fee
Your only way forward is to start divorce proceedings yourself and resolve what should happen to the house.
Alternatively you can try and discus matters with your ex using Family Mediation (www.familymediationhelpline.co.uk)
I appreciate that this is not the news that you wished to hear - but it is the legal situation that you are in I am afraid
Claire