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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1086
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I got divorced 3 years ago without selling my house as my ex

Customer Question

I got divorced 3 years ago without selling my house as my ex husband kept being abusive to prospective buyers. He is still living in the house and I cannot get my name off the mortgage as he is too old at 58 to take the mortgage on and is in debt. He has been paying interest only for many years and not clearing any of the 200K mortgage.
I am remarried and my husband can only have his name on the mortgage of the house I am living in as my ex husband will not sell the other house.
I would like this taken to court so that he is forced to sell. How do I go about this? I did my own divorce and have some understanding of the law. I just need pointing in the right direction please.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am a solicitor and will try and assist you.
I note that you have divorced and now remarried.
Please can you confirm:
- when you divorced did you also obtain a court order in relation to the matrimonial finances? If so, what did that say?
- if you didn't - did you file a Form A before you remarried? If not, was it your divorce petition? If so - did you tick on the prayer at the back that you wished to obtain a financial settlement?
Also is there any equity in the property?
Kind Regards
Caroline
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi Caroline,

I did not obtain a court order in relation to the matrimonial finances when I divorced. I did not want his pension or anything else from him. I did not know about form A when I remarried so did not file this.

I would imagine that there is equity in the property of perhaps £50K although my ex husband has not maintained the house. There is also a second charge on the property of about £15K which one of my credit cards put on there. Another reason I am keen to sell!

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for this further information.
Please can you confirm:
Did you petition for divorce?
If so - did you tick on the prayer at the back that you wished to obtain a financial settlement?
Kind Regards
Caroline
Customer: replied 2 years ago.

Hi Caroline,

I did petition for divorce under the grounds of unreasonable behaviour but did not tick the prayer at the back that I required a financial settlement.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
The position is that as you have remarried without obtaining a financial order or informing the court of your intention to make a financial claim then are likely to be statue barred from making an application in relation to the matrimonial finances.
I note that you never intended to make a claim in relation to any of your ex's other assets such as his pension anyway however you still seek to resolve the issue of the property.
If you contributed towards the mortgage of the property or increased the value of the property through renovation / redecoration - then you could consider making an application to the Court for a Declaration as to your interest and an Order for Sale. This would be dealt with under the Civil Courts and not the Family Courts. The Form is N208 and the fee is £280. You need to provide a statement in support.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1086
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Since you have remarried you can no longer use the divorce proceedings to deal with the property however all is not lost and you can use the Trusts of Land and Appointment of Trustees Act.
It will be a Part 8 application
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08Subject:
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire,

Thank you for your response. The link you sent over is no longer valid. Could you please look at this and send me the current link and then I will set to work dealing with this.

Many Thanks

Kate

Expert:  Clare replied 2 years ago.
Hi
My apologies - my technical skills are sadly lacking.
Try this
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08
Clare
Customer: replied 2 years ago.

Hi Claire,

Thank you that seemed to have worked and I have now downloaded the form with notes. Another solicitor answered and said that the fee is £280? Can this be claimed against my ex husband as he will not cooperate with a sale?

Expert:  Clare replied 2 years ago.
Hi
Yes there is a fee - and yes you can claim costs.
You may also find this link helpful
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Clare
Customer: replied 2 years ago.

Thanks Claire, that does explain things much more clearly!

Expert:  Clare replied 2 years ago.
Hi
I hope all goes well
Clare