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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Jenny I am RECENTLEY DIVORCED .WHEN MY EX WIFE ASKED ME TO LEAVE THE MARITAL HOME 2011

Customer Question

Hi Jenny I am RECENTLEY DIVORCED .WHEN MY EX WIFE ASKED ME TO LEAVE THE MARITAL HOME 2011 WE SIGNED AN AGREEMENT WHICH STATES I WOULD GET 40% OF THE NET PROFIT FROM THE SALE OF THE HOUSE WE SIGN THIS AGREEMENT ON THE UNDERSTANING IT WOULD SAVE ON SOCLITORS COSTS .WHEN MY EX WIFE APPOARCH ME LAST YEAR FOR A DIVORCE I ASKED HER AGAIN TO UPDATE THE AGREEMMENT AND TO HAVE THIS WITTNESSED BY HER BROTHER. SHE IS NOW SELLING THE HOUSE HAS MY STEP DAUGHTER IS MOVING TO UNIVERSITY AND IS COMBINING THE PROFIT FROM THE HOUSE TO MOVE IN TO A NEW HOUSE WITH HER MOTHER AND MY 13 YEAR OLD DAUGHTER AND IS REFUSING TO HONOUR THE AGREEMENT . MY PERSONAL CIRCUMSTANCES ARE THAT I LIVE IN A 1 BEDROOM HOUSE I WORK AND PAY MAINTAINACE I AM A WHEELCHAIR USER AND I WOULD LIKE MY DAUGHTER TO STAY WITH ME OVERNIGHT THIS MONEY WOULD HAVE ENABLED ME TO RENT A 2 BEDROOM APPARTMENT .CAN YOU TELL ME IF THE AGREEMENT WOULD BE LEGALLY BINDING AND GIVE FURTHER ADVICE
Optional Information:
System of Law: England
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.
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.

The house is worth 320k with 143k outstanding no further assists other than pensions which we both have income around 36 k mark for us both . could you also tell me if the agreement we signed is legally binding Thank you claie

regards

neil

Expert:  Clare replied 1 year ago.
Hi
Was her mother living with you when you separated?
How much does a cheaper two bedroom property in the same school area cost to buy?
Clare
Customer: replied 1 year ago.

Hi Claire mother lives separate in own house. a 2 bed property would be around 180k- 250 k max

Expert:  Clare replied 1 year ago.
Hi
Best guess on her affordable mortgage capacity?
Clare
Customer: replied 1 year ago.

well on my calculations her mother is going to put the money in from the house she sells 250k ex wife will put in around approx. 105k (if she pays )me 40% then I think they are looking to have a mortgage and purchase something in the region of 400-450k

Expert:  Clare replied 1 year ago.
Hi
How far has the divorce reached?
Clare
Customer: replied 1 year ago.

divorced last year

Customer: replied 1 year ago.

I explained this in my first correspondence we were divorced last year

Expert:  Clare replied 1 year ago.
Hi
So there has been a Decree Absolute - but why was the Financial agreement not turned into a Court Order at that time?
Clare
Customer: replied 1 year ago.

Yes degree absolute the agrement was made between us typed out and signed by us both and wittnessed by her brother

Expert:  Clare replied 1 year ago.
Hi
Did no one suggest that you should have a financial Order sealed by the Court?
Clare
Customer: replied 1 year ago.

no

Expert:  Clare replied 1 year ago.
Hi
Ok.
Please confirm that you have not yet remarried
Clare
Customer: replied 1 year ago.

No I live on my own in a 1 bedroom rented accommodation I am a wheelchair user I would like a premises that I can provide a bedroom for my 13 year old daughter so she can stay with me

Expert:  Clare replied 1 year ago.
H
Final question - just to check - can I assume that you did not seek legal advice at the time of the divorce?
Clare
Customer: replied 1 year ago.

No it was a voluntary agreement between us both To save on costs first signed in 2011 then 2014 which was witnessed by her brother .I asked her to do this so she could not say she signed this under duress

Expert:  Clare replied 1 year ago.
Hi
That is a shame - but it is not too late to sort this out.
Just to check - is the property still held in joint names?
Clare
Customer: replied 1 year ago.

No its in her name

Expert:  Clare replied 1 year ago.
Hi
When did that happen and why?
Clare
Customer: replied 1 year ago.

it was always in her name for the 10 years we lived together I moved in with her to address she lived with her previous husband we then moved to a better area and brought a new house she sorted the mortgage I would pay all the bills including mortgage by direct debit into her bank account each month

Expert:  Clare replied 1 year ago.
Hi
What capital did you each bring to the relationship?
Clare
Customer: replied 1 year ago.

she brought about 50k with the house she had but could not afford mortgage repayments I brought about 5k and the means to pay the mortgage is the agreement we signed valid my understanding is that it is and if honoured would I be able to sue for breech of contract

Expert:  Clare replied 1 year ago.
Hi
I am afraid that whilst it is evidence of the agreement that you made at that time it is not a valid contract and you cannot enforce it.
However you can still make a financial claim within the divorce proceedings and ask the court to grant you a share of the proceeds of sale.
This will be possible since the house can be sold, some money released to you, and your ex will still have sufficient to purchase a home for herself and your child.
However the fact that she brought the house to the marriage, and that she has your child, means that it is unlikely that you will be granted as much as 40% of the equity - somewhere between 25% and 35% is a much more realistic possibility.
Your starting point is to make an appointment with a local Family mediatior
www.familymediationhelpline.co.uk
as soon as possible as the applictaion to the court cannot be made until you have done so.
Please ask if you need further details
Clare

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