How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 3 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 3 years ago.
Hi
How far did the divorce proceedings reach?
Claire
Customer: replied 3 years ago.

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

Customer: replied 3 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 3 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice