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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34273
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been divorced since 2012. The decree absolute stated

Resolved Question:

I have been divorced since 2012. The decree absolute stated I had to transfer deeds of jointly owned properties (x4) to my wife. This has been done. However she was supposed to have arranged getting me off the joint mortgages (x4) and paying me a lump sum to cover the equity in one (no 32) by selling another (no 20).

However she has managed to get me off the mortgage for no 32 but no 20 remains rented out so no lump sum has been forthcoming.

The other two (no 94 and no 46) the deeds have been transfered but no movement on getting me off mortgages.

My question is,

What rights over ownership do I currently have and also if my ex wife dies and the properties then get passed to her children.

I would rather like to buy a house again in my own right but need to be off these mortgages

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
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.
Is number 20 on the market and when was the lump sum due?
Clare
Customer: replied 3 years ago.

Hello Clare


 


Thanks for looking at this.


 


I have just checked and the divorce was granted in June 2011 not 2012 so money's should have been sorted by Christmas 2011.


 


She did put 20 onto market at first but has made various delaying requests whilst she continued to living there. Finally she moved into 32 and asked if I minded if she rented out 20 while property prices improved. She promised this was short term so I thought 6 months at most. Now despite frequent requests she has still not paid the balance due to me is £17,000, which was the equity share in 32


 


She does have this money aside from properties as she cashed her pensions from her previous husband so I couldn't get them at our divorce!


 


Please let me know any more details you need


 


Best regards


 


Steve

Expert:  Clare replied 3 years ago.
Hi
What does the Order say about when the money needs to be paid - exact wording on that and releasing you from the mortgages please
Clare
Customer: replied 3 years ago.

Hello Clare


 


I have brought file to work and will send through later today when I get 5 mins.


 


 

Expert:  Clare replied 3 years ago.
Hi
That is fine
Clare
Expert:  Clare replied 3 years ago.
Hi
Thank you for that.
I note that if you are not off the mortgages on the remaining two properties by September then they too have to be sold
Whilst you remain legally a joint owner of these properties the only monies you are entitled to receive from them are the sums set out in the Order - plus interest
You are entitled to these sums even if your ex dies.
Your starting point is to write to your ex saying that unless number 20 is put on the market within 28 days at a realistic price then you will apply to the court for an Order allowing you to deal with the Sale of that property - plus the sale of the other two properties when it falls due in September.
If she does not stick to the deadline then you apply to the court using a form D11 available here http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
The fee is £95.
I hope that this is of assistance - please ask if you need further details
Clare
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