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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, Background -A court order was put in place for ex husband

Customer Question

Hi,

Background -A court order was put in place for ex husband to pay mortgage on ex matrimonial home til 2014.

In 2011, there was a change of circumstances, son came to live with his father and other son working full time, thus husband took wife to court to say ' discharge me from this undertaking' on basis of change of circumstances. In brief, 3 hearings ex wife was very unco-operative throughout and did not turn up to the final hearing. Solicitor advised walk away and let things happen naturally when mortgage expires as she will simply not co-operate, waste of time. Thus, we were not discharged just told to withdraw the application. House now sold, solicitor acting on behalf of both parties has said he will hold back £22k (mortgage payments made by ex wife since 2011) from Husbands payout as wife says he owes it to her as broken consent order? Can a solicitor do this? We thought split would be made 62% wife / 38% husband as per court order and then the £22k would need to be contested separately either in court or via mediation? Does a solicitor have the right to withhold 22k from our 38% payout?
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
In fact the solicitor cannot distribute any funds other than in accordance with the court order unless you both agree
However the fact is that the £22,000 in dispute will come from the husbands share so IF there is a sum held back that is where it should come from
However he should tell the solicitor that it is either ALL distributed or ALL held back - and then his ex can decide what is more important to her
Please ask if you need further details
Clare

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