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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
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 still to pay my final divorce settlement

Customer Question

My ex husband has still to pay my final divorce settlement lump sum, I have now requested this payment as all terms of the agreement were met by myself. He has offered to pay £100.00 per month BUT I find this unacceptable as the sum is several thousands of pounds and it would take the length of a mortgage term to pay off. He is being difficult accusing my of not paying maintenance and whilst I have proof that this is not the case he is also trying to amend the amount payable. I want to know if I can reject this offer and insist on the full amount being paid as per the agreement. we have both remarried and out children are grown. many thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
was the agreement set out in a Court Order and sealed by the court?
Clare
Customer: replied 1 year ago.
Yes all payments and terms were set out and agreed in the separation agreement back in 2003. As soon as the youngest child finished full time education the payment was due. The youngest child had finished full time education some years ago. My ex approached me almost 3 years ago to advise he was selling the family home and getting remarried , thus wanted my bank info to make payment . He did remarry but the house did not sell, he then ignored any further requests for information on payment but did not appear to have any issues with payments made In the years preceding my payment request made in March . I can prove all payments but he is stalling and I want to be sure I am legally entitled to force settlement. He is more than able to obtain finance if required
Expert:  Clare replied 1 year ago.
Hi
Was the Agreement turned into a formal order and Sealed by the Court?
Clare
Customer: replied 1 year ago.
No it was a formal separation agreement but not cited on the divorce paperwork
Expert:  Clare replied 1 year ago.
Hi
Then enforcement will not be an easy option.
Who actually owns the property and how much are you owed?
Have you remarried at all?
Clare
Customer: replied 1 year ago.
He owns the property which I signed over based on the written separation agreement that I was paid a lump sum on signing and £22,500 when the youngest child had finished full time education. I am remarried also.
Expert:  Clare replied 1 year ago.
Hi
Did you have legal advice when the agreement was made?
How much is the house worth now and do you know how much might be outstanding on the mortgage?
Clare
Customer: replied 1 year ago.
No I was not able to afford legal
Advise. The house is worth around 250 and I have no idea what's left on the mortgage.
Expert:  Clare replied 1 year ago.
Hi
You have two options.
You can sue your ex for the money using Money Claim Online
https://www.moneyclaim.gov.uk/web/mcol/welcome
This would be based on the Separation Agreement and once you obtain Judgement you will then be able to enforce.
Alternatively you can consider making an Applictaion using the Trusts of Land and Appointment of Trustees act for an Order for the Sale of the property and a share of the equity not necessarily limited to the original agreement.
this woudl be based on the fact that his failure to pay you the amount in time negates your side of the agreement and he now owns the property on trust for both of you and you are entitled to your full share (less the amount already received)
I hope that this is of assistance - please ask if you need further details
Clare

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