Hi Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Are there any children living with him and when was the Decree Absolute?
What agreement was made about finances at the time of the divorce
and the rest?
Why were the finances not dealt with in 2007
So you transferred the property to him.
Was there a Court Order made regarding this?
Do you remember receiving anything that said the finances were dealt with from the court?
do you have the copy of your Decree Absolute/
Then you can contact the court and ask if there was a Financial Order made at the time of the divorce - and if there was ask for a copy of it 9they will charge £10 on average for that)
If there was one then we will have to wait and see what it says.
If there wasnt one then that is good news and makes things easier
Assuming there wasn't one you can apply to the court for an Order for the sale of the property so that you can move forward
You can either do that with an application within the Divorce Proceedings for what is called "Ancillary Relief" - basically dealing with the money or within property law using the Trusts of Land and Appointment of Trustees Act.
either way you can start out by asking for a 50% share of the CURRENT equity
As a starting point a formal letter to your ex telling him that you will indeed make such an application unless you are released from the mortgage within the next two months may well solve the problem - especially if you say that you will then claim 50% of the equity
can I help you further?
You are most welcome
When you have the copy let me know and we can review the wording