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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am going through a messy divorce. There is just under £70K

Customer Question

I am going through a messy divorce. There is just under £70K in equity on my house. I have arranged a sale with 50/50 split with my wife but at the last moment she registered with the land registry and stopped the sale. She no longer lives at the property and is under a restraining order for ABH against myself. She has run up debts under my name and blacklisted my credit rating. She has said that she intends to refuse to sign a sale of contract and plans for me to go bankrupt as she no longer cares what happens to herself, just that I end up with nothing. I cannot afford a solicitor as they all seem to want money up front but all my money is tied up with the house sale. I have a buyer who wants it asap. HELP.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
How far has the divorce reached?
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Married 34 years. Our "boys" are aged 27 and 30. I have had a petition issued. The house is valued at £150K and I owe £81K. The mortgage is in my name but she attached herself to the land registry just days before the completion date and stopped the sale. There is a £3K joint account overdraft that she ran up in a bid to ruin me. My salary is £29,750 and she is in receipt of a council disabled pension which she will not disclose. I am also in receipt of a RAF pension which pays me £214 a month. I wanted to go for a 50/50 split with pension share but she insisted on a 60/40 split in her favour with her having half my pension and not sharing hers. When she received the divorce petition (unreasonable behavior) she kicked off and assaulted me resulting in her being convicted with ABH. She now insists she will not sign the house sale contract and just want me bankrupt.

Expert:  Clare replied 2 years ago.
Hi
Who lives where at the moment?
When is the Decree Nisi?
Clare
Customer: replied 2 years ago.

Hi Clare,


I live at my house, 25 Manor Drive, PE28 5UU, with my son (aged 30) and my wife lives with her parents at 1 Grove Court, St Ives, PE27 5QU under a 12 month restraining order not to contact me.


The petition was issued on Nov 16th and I have no idea what happens next. I can't imagine she would have responded to it as that's the day she assaulted me and things went really downhill. My divorce solicitor has closed the case as I have no more funds. I don't know how the divorce thing works at all.

Expert:  Clare replied 2 years ago.
Hi
When you refer to her pension - do you mean a pension form a previous employer?
Did your solicitor confirm how far the divorce had reached when he or she closed your file?
Clare
Customer: replied 2 years ago.

She was medically retired from her job on a disability pension. She also had other disability related benefits which has stopped claimed in order to make her income seem smaller than it was.


As far as the divorce I have asked my solicitor ( [email protected] ) for clarification but I have no idea if she will be forthcoming.

Expert:  Clare replied 2 years ago.
Hi
Have you offered to try Mediation with your ex?
CLARE
Customer: replied 2 years ago.

Unfortunately she is on a restraining order and is not allowed to contact me. She has threatened to kill me if she sees me and my new partner. I seem to have no protection from her madness.


I was hoping I could apply to the court to allow me to sell the property with her percentage (after costs) being protected as there is no way I can afford to keep the house. I can't afford to buy her out (not that I want to) and she can't afford to buy me out. There must be allowances for this type of thing..?

Expert:  Clare replied 2 years ago.
Hi
Indeed there is - and the starting point is to try and negotiate a settlement using Family Mediation
There is no need for you to come face to face and you can find a local Mediator here (www.familymediationhelpline.co.uk)
If that fails then you can apply to the court for the court to deal with the financial settlement between you - this is done using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The fee is £340
This will lock you into a court process which will eventually lead to an order for sale.
At the same time you need to establish the position with regard to the divorce.
If she has not signed an Acknowledgement of Service then you will have to arrange for an Enquiry Agent to serve the papers on her so that you can apply for the Decree Nisi and then the Decree Absolute.
Once the Absolute is made you can get the restriction lifted UNLESS your ex applies to the court for an order extending it whilst the finances are sorted.
I hope that this is of assistance - please ask if you need further details
Clare

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