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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and i split up 5.5 yrs ago but i remained in the family

Customer Question

my wife and i split up 5.5 yrs ago but i remained in the family home with my children.we divorced in 2012.in 2011 my ex wife agreed that me & my new partner would buy my ex wife out of the family home by remortgaging and paying her a lump sum of £36k which she had agreed on. we got a mortgage offer, paid £250 to our IFA for finding the mortgage and also had to pay an up front fee of £999 for a fixed rate mortgage. 2 weeks before it was due to go through my ex wife changed her mind so we lost all the money we'd paid out & the mtg offer. in 2013 she took me to court where a consent order was drawn up & approved by the judge stating that the family home be sold and proceeds split 50/50. we also had a joint loan which my ex wife agreed to pay half of each month of £160 and this was also put in the consent order. we put the property up for sale and it was on market for 2 years. the only offer on the property was £315k which we both declined as the figure wasnt enough.if sold for this figure after mtg was repaid & joint loan and other costs as stated in court order & estate agrents fees & sols fees we would have come out with £35250.in june 2015 we had an offer of £320k but was withdrawn next day as the potential buyer decided that it was just too much. we then offered my ex a lump sum of £40k which she said she was happy to accept. we went to another ifa and paid £250 finders fee to get mtg approved and i instructed a solicitor and had agreed to pay the fees to sort it out. we received a letter from my ex wifes solicitor confirming that my ex wife was happy to agree the £40k as a clean break and that she wanted nothing more to do with matrimonial home and that she would be taken off the existing mtg & the joint loan repaid in full. so we thought it was all going through as we have paid out yet more money. I'd like to point out that my ex wife refused to make one of the loan payments last year & still hasnt paid it to me. i went to the citizens advice & they said there wasnt a thing we could do about enforcing the order to get the money as it would cost too much money. last week we have been advised by our solicitor that my ex wife is now demanding a covenant be drawn up on the property so this is yet costing us more money. we have agreed to go along with this but want her to pay costs and we are worried that we will lose yet another mtg offer & we will have paid out more money to solicitors which is just getting ridiculous.we have offered a very fair figure but what are my rights given the info i have given you. i have abided by the consent order 100%, paid all the joint mortgage payments even though on interest only and paid all loan payments to joint loan. my wife hasnt abided by the consent but i cant do a thing about it. what can i do as this is costing me money i dont have.we want to know if we can make an application to the court for a judge to amend the order and to put the facts to him but we want to buy the bungalow she has agreed a price but has now yet again changed the rules. can she do this and why is the law not on my side when all i have done is abide by the law.
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.
What is the nature of the Covenant she wishes you to sign?
Clare
Customer: replied 1 year ago.
We don't know yet but her solicitor has said it is an overage agreement whereby if we get planning permission on the site she would get a percentage of the upsale of the site. We do not want this as this is certainly not a clean break!
We live next to a school which is closing in march 2016 & there is speculation that a developer will put planning permission in to build houses. I might just add that we live in a conservation area!
Our garden backs onto the school but we have no direct access to the school & the school have their own seperate access to school grounds. My ex wife seems to think that our property is the key to the access to the school for development from our garden. The only way any access could be provided is if we were to sell the garden off to a developer but we have already been advised by an estate agent that it could devalue our bungalow if we do that. Also there is no access to the school from our property if we were to sell part of the garden as a seperate plot as the only access would be to knock the bungalow down to get to the road for access. We are not sure what her solicitor will come up with next but our solicitor is a conveyancing solicitor only so has no expertise in family law and we just don't have the money to keep throwing away on this. When the monies they'd both get if property was sold are fairly minimum we just feel maybe we should pull out of her demands & make an application to court if we can & let a judge rule but again we are worried this could cost the earth & it could go against us when all we've tried to do is resolve this. We want it stipulated if we are buying bungalow that she cannot demand any profit from improvements we make on it but we will agree to agreeing to this covenant if that's what it is called but she can only get a percentage if we were to put in for planning or if a developer offered us a lot of money we may consider it.we do not want her having a say as we are the ones taking a huge mtg out onthe property & paying her off supposedly for a clean break. I'd also like to add that when her solicitor wrote to our sols on 19th aug it was written down that her client was in total agreement of the clean break & being paid £40k & now she has added this. Can she do this. We feel we are just being screwed over by the law & we can't do a thing unless we pay out yet more money which we just don't have.
Expert:  Clare replied 1 year ago.
`HI
What do the Estate Agents say is a realistic sale price?
Clare
Customer: replied 1 year ago.
Between £315&£325k but the bungalow has been on the market since 2013 at £345k.
Expert:  Clare replied 1 year ago.
If you cannot resolve the current impasse would you be willing to market it at a realistic rate?
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
His ex wife wouldn't no & we want to buy it!!!!!!
Customer: replied 1 year ago.
only half of your last response has come through,please resend. please also answer my original question can we make an application to the court to get this reviewed by a judge
Customer: replied 1 year ago.
please can you respond to my question as i havent had the answer i requested.thank you
Customer: replied 1 year ago.
why are you not responding i have paid and as yet you havent actually answered my question
Expert:  Clare replied 1 year ago.
My apologies I had to attend a meeting and was not onlineThis is what I sentHI I know his ex would not - but I am not concerned about her wishes. Equally I am aware that you wish to purchase the property - but if the matter cannot be resolved then would you be willing to market the property at a realistic price ClareI am asking these questions to ascertain the best applictaion that you make to achieve the result you wantClare

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