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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband has a 40% charge on house! Divorce states its

Resolved Question:

My ex husband has a 40% charge on house! Divorce states its 40% at time of sale! I have remained in the property and have spent a considerable amout of money updating it over the yrs why should he benefit from this! He has made no contributions to mortgage over the yrs.
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.
When was the Order made - and what work have you done on the property?
Clare
Customer: replied 3 years ago.

Order was made in 2003 since then house has had new kitchen landscaped garden gas central heating.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you did that when you were aware of the provisions of the order
Clare
Customer: replied 3 years ago.

Didn't really understand the order nieve springs to mind! He is now applying to courts to force sale of house in which he would receive about 50k! I still have the girls living with me 20 and 24 I know they r not dependents anymore and I know he is entitled to 40% all I ask is its less the money I have put in! Would the courts honour this?

Expert:  Clare replied 3 years ago.
Hi
How much has the work that you have had done increased the value of the property?
Clare
Customer: replied 3 years ago.

By 10k at least the valuers recon.

Expert:  Clare replied 3 years ago.
Hi
So the amount in dispute is £4,000.
have you asked to be given credit for this?
Clare
Customer: replied 3 years ago.

Can 10k be considered? Dont want to waste my time going court if its a straight 40/60 split no matter how much money I have spent.

Customer: replied 3 years ago.

Can 10k be considered? Dont want to waste my time going court if its a straight 40/60 split no matter how much money I have spent.asked who for credit?.

Expert:  Clare replied 3 years ago.
Hi
From what you have said the money that you invested has increased the value of the property by £10,000 so your argument is that you should receive £10,000 before the balance of the equity is divided 60/40 between you
The starting point is to try and negotiate this issue with your ex.
If that fails then you do need to think carefully before applying to the court I am afraid.
The fact is that what you will arguing about is £4,000 - that is the difference between what you will receive anyway and what you COULD receive if agreement was reached
The simple fact is that you made the investment AFTER the Order was made and the Court may well say that that was your choice
I hope that this is of assistance - please ask if you need further details
Clare



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