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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What is the number of the form I need to fill in and can I

Resolved Question:

What is the number of the form I need to fill in and can I download it online? I no longer live in the UK. I wish to apply to court for enforcement of a mesher order from southampton court (the trigger event has taken place, and I should now receive a percentage of the former matrimonial home. However my ex-wife appears to be seriously under-valuing the property, compared with other estimates, by 30%).
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will do my best to help you but I need some further information first.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi! I have a Consent Order with my ex wife from 2003 in southampton county court. It gives me 10% Mesher order / charge on the former matrimonial home until my youngest daughter leaves full time education, which happened last year july 2014. The order gave permission to enforce it if necessary.

I took legal advice about what to write to my ex wife and I wrote to her. she replied enlcosing valuations of the property around 695,000. (But zoopla values both neighbouring houses at 1 million.) She also wants to deduct 20,000 owing through the CSA; and does not acknowledge that the mortgage has reduced since 2003 (I assume it is zero now, but she says we should deduct the mortgage amount as it stood in 2003 namely 108,000. I see little to be gained by arguing her (on previous experience - she has no wish to negotiate a settlement). I wish to aplly to the court. I am uncertain whether or not I should write to my ex-wife giving the reasons for going to court, or whether I can simply tell her that I disagree with her figures and we can go to court to have a Judge decide what is correct.

Expert:  Clare replied 2 years ago.
What is the exact wording of the order regarding the calculation of the sum you are to receive?
Customer: replied 2 years ago.

The applicant shall execute a legal charge in the respondents favour against the property... of 10% of the net equity therein. The net equity is hereby defined as the gross sale price lessthe amount required to repay the existing Britannia Mortgage no. XXX (standing at approx 108K on 6.8.03); the early redemption penalty on the said mortgage, if any, and reasonable costs of sale.

The said 10% charge shall become exercisable at the earliest of the following. (trigger events listed, one has taken place and is not disputed). End quote. Ex wants to pay low house valauation (she obtained marketing reports which discuss private sale and quick sale and do not list the entire proerty); minus 108,000 mortgage; minus 2% costs of sale; minus CSA outstanding debt.

Expert:  Clare replied 2 years ago.
That is very wise of you
Customer: replied 2 years ago.

??

Expert:  Clare replied 2 years ago.
I am sorry there is a site glitch that causes a problem sometimeshave you asked an Estate Agent to do a "drive by" valuation?If not it would be worth doing so because you can then use it as part of the evidence to support your applicationThe form you need is herehttp://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdfit is the outstanding mortgage now that needs to be deducted and the costs of sale.It would be wise to agree the CSA arrears - but only if she closes the CSA case and confirms all arrears have been paid.A polite letter to her setting out your position would be helpful in terms of showing the court that you have endeavouredto be reasonableI hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

Thank you. May I ask 3 quick questions:

1.is 2% reasonable for cost of sale?

2. SHould I expect to pay for a drive-by valuation?

3. Should I argue about the CSA arrears, last time they communicated with me it was 15,000; they have not replied to my correspondence for 3 years; now my ex says the arrears is 21,000 . Would you suggest I bother to check up and argue, or let it be?

Many thanks

Expert:  Clare replied 2 years ago.
1. Very!2. Possibly - all agents differ3. Definitely check the figure - and ask the CSA if you should get her to pay them first!
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