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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife has divorced me two years ago we both own a property

Resolved Question:

My ex wife has divorced me two years ago we both own a property and i own a small business we do not have any children i have contacted a solicitor who wrote to her several times asking to settle our finances but she does not reply, how do i get my fair share from this and what do i do as my Business is struggling at the moment and need some cash to invest

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 Decree Absolute?
Have you remarried?
How much is the house worth and how much is outstanding on the mortgage?
How much is your business worth?
Clare
Customer: replied 3 years ago.

The decree was 25/01/20/3 I haven't remarried the house is worth about £260,000.00 there is under £85,000.00 outstanding I haven't valued the business but I think its worth about £60,000.00

Expert:  Clare replied 3 years ago.
Hi
How long were you living together and what income do you each have?
Clare
Customer: replied 3 years ago.

we were living together for 14 years with her child and I decided to file for my 15 year old son in 2011 whom I left in Jamaica when he was three years old she told me she doesn't want my child to live in her house that's when she filed the divorce

when we were buying the house in 1999 her income was £1200.00 after that she does not discuss her income with me I take home £1600.00 per month

Expert:  Clare replied 3 years ago.
HI
How old is the child?
Clare
Customer: replied 3 years ago.

her child is 19 and has a baby 2 years old with her own flat my child is going to be 19 in October he just came in may 2013

Expert:  Clare replied 3 years ago.
Hi
Have you offered to go to Mediation?
Clare
Customer: replied 3 years ago.

I have contacted a solicitor who wrote to her asking for mediation but she did not respond on no occasion, I saw her once and she told me she wants to get my name off the Deeds for the property

Expert:  Clare replied 3 years ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 3 years ago.

It was funded by Barclays bank but I had to find £10,000.00 deposite

Expert:  Clare replied 3 years ago.
Hi
Who paid the monthly mortgage?
Clare
Customer: replied 3 years ago.

she does since she threw me out 2012 december

Expert:  Clare replied 3 years ago.
Hi
What about before then?
Clare
Customer: replied 3 years ago.

Before I just work and gave her my cheque and she handles the running of the home

Expert:  Clare replied 3 years ago.
Hi
That is good news
If she will not agree to mediation then your only option is to make an immediate application to the court for the financial side of the divorce proceedings to be dealt with - including an Order for the sale of the property
This is started using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The fee is £245
This will lock you into a Court Time table which will eventually lead to an Order that the house is sold unless she can buy out your share of the property and obtain your release from the mortgage
I hope that this is of assistance - please ask if you need further details
Clare
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