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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I divorced my ex in 2010. We have no children together but

Customer Question

I divorced my ex in 2010. We have no children together but have a matrimonial home together. The agreement was that she keep the house and any equity and I keep my police pension, on the agreement that I get taken off of the mortgage as soon as her new partner came off of his mortgage with his ex. His house eventually sold last year and my ex and her partner applied for the mortgage on my old house - they got turned down (I do not know specifically why). I now know that they have 1 or 2 children together (1 being a new born). I now really want to get off of the mortgage so that I am not tied to it any more - also if they default it affects me and I am limited more about upgrading my house with my wife if we want to move. Where do I stand, especially as they have young children together and living at the property. The only 'out' I can see is her selling the property (which could take months and I would be very annoyed if she tried to get me to pay for some costs). Where do I stand especially as she now has children.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
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.
Was a Financial Order actually made and sealed by the Court?
Customer: replied 3 years ago.

To be honest I do specifically remember...I think it was as it was all carried out correctly as far as I am aware. i do remember have to send financial details to my solcititor who then sent it to the courts who agreed there were no issues with any of it.

Expert:  Clare replied 3 years ago.
Do you have a copy of the Order - this is important
Customer: replied 3 years ago.

Simply answer is no as I think it all got chucked out at some point...which doesn't help. I am assuming that my solicitors will do still as I guess they have to keep documentation for a certain period of time

Expert:  Clare replied 3 years ago.
You really need the copy as it will tell you what you can and cannot do as everything depends on the wording.
The fact that she has children with her new partner does not effect you
Can you get a copy?
Customer: replied 3 years ago.

I don't know, I hope so. How long do solicitors have to keep documentation/letters from their customer for?

Expert:  Clare replied 3 years ago.
Certainly for more than three years
In any event IF an order was made you can get a copy o fit from the court provided you still have the case number

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