You helped me with some advice back in 2013: Here is the detail that I supplied to you back then:
I split up from my husband in 2005. We had a property valued then at approximately £150,000.00 with an outstanding mortgage of approximately £50,000.00. He bought me out and gave me £50,000.00.
Best guess on the current worth of the property is £180,000.00. Possibly about £50K outstanding on mortgage. No other savings that I am aware of. My husbands income was about £35,000 gross when we split up - I don't know what it is now but he is still working for the same company now as he was then. My income is £31,000 gross.
Long story short but we got back together again in 2009 - and I paid towards the mortgage and the bills. We then split up again in 2011 - and I walked away with nothing. Given that the property may have increased in value since I was first bought out - can I make any claim on the value that it has increased by? We have not filed for a divorce yet (I am not in a financial position to do so) - but I am hoping to be able to get things moving early in 2014. And can I also claim some of his pension? Thank you.
Your response was:
Since you are still married you still have a claim on the Matrimonial Home despite the fact that you received a Capital settlement when you first separated How much that claim will be will depend on how much the Property is worth how much is actually outstanding on the mortgage and how much your ex does earn.
However it is likely that the court will take account of the money you have already received - reducing your possible claim
You are also fully entitled to a pension sharing order relating to half of the pension accrued over the years you were married
I hope that this is of assistance - please ask if you need further details.
I didn't act on your information last year but I am putting a case together now to lodge with the court as soon as I have sufficient information. I'm hoping to base my case on the value of the property as it was when Mr Lucey first moved in with me in - at which point he had not affected the value of the property - so even though I have had £50,000.00 from him in 2005 I feel I should have received much more than that. What are your thoughts on that?
I used it as a deposit on a property, which I let out for a year. The tenants ruined the property and I had to have work done to it to put it back in to a reasonable condition and then I sold it. With the equity I paid some outstanding debts and bought a new car.
I don't have that car any more. When I got back together with Mr Lucey we part exchanged if for another one. The one I currently have is valued at approximately £4500.00.