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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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When my wife divorced her previous husband she was given

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Hi When my wife divorced her previous husband she was given bad advice and signed an agreement that gave him 15% of the property value. Several triggers are in place to see him get the money the final one of which comes into effect next year. We can't
afford to give him the £27000 that it will roughly come to without selling the house. If we sell it will leave his children without a home and our 2 year old daughter who has downs syndrome will also be affected. Neither of us will have credit enough to get
the money via finance so we are running out of options. We have a mortgage but if we sell we are very unlikely to get another. The ex husband had no contact with his 3 children for over 7 years after the split and my wife feels she was under some duress at
the time she signed the agreement. Is there anyway of reapraching it with the courts? Or does he have to have all the money in one go? Can the court make him accept a payment progam? Many thanks. Mike
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long ago was the Order made and in what way did your wife feel under duress.How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
Hi Clare.
It was nearly 12 years ago.
Duress was probably to strong a word. Lisa's ex walked away for another woman. He was removed from the mortgage, but because she wanted the divorce as soon as possible she somehow agreed to this 15% thing. They where childhood sweetheart's and had three kids together and he just walked away. What I meant by duress was that circumstances saw her not thinking straight. After the divorce he didn't have contact with his 3 children for 10 years. Until funnily enough I married Lisa in 2010, when he turned up demanding his money. Lisa getting married was one of the triggers to him getting his money. We refused so he took us to court. The court batted it off because his own children where living in the house and I was helping with the mortgage.
The final trigger gets pulled next year when Lisa's youngest turns 18.The house is worth between 190 and 210 grand. There is 124 grand on the mortgage which is interest only.
Expert:  Clare replied 1 year ago.
What other assets did he keep?
Customer: replied 1 year ago.
He took their only car leaving Lisa and the 3 children without transport. He apparently was entitled to it as it was in his name
Customer: replied 1 year ago.
Hey going to do the call you thing but I will put my wife's number in.
Customer: replied 1 year ago.
He got the car. She got to take over the mortgage and he then did one not to be seen for 10 Years.
Customer: replied 1 year ago.
The number is *****
Expert:  Clare replied 1 year ago.
I am sorry but the simple fact is that there is no way that the Order can be overturned - had there been any chance of that it wouldhave happened at the last hearing.An 85/15 split of the equity in her favour was in fact a good settlement given that the only other asset was the car - and the fact that she was legally advised when the Order was made means that there is no basis on which the court would reopen the settlement.Equally I am afraid that there is no way of repeating the success that you had last time - that worked because his children were still under 18 - he is now entitled to his £12,000.Your only option would have been a matter of negotiating with her ex - highly unlikely given what you have saidI am sorry but there is no way of resolving this by looking at the Court optionsPlease ask if you need further details
Customer: replied 1 year ago.
What about how the sum is settled? Does it have to be in one go?
Expert:  Clare replied 1 year ago.
As I said that would only happen if her ex agreed - unlikely from what you have said.However you do have some time to play with - the trigger is not until next year and it will take time for him to get it back to court let alone for a sale to take place.If you start now and have a sum to offer when the issue first starts then you will have a better chance of succeeding in putting off any sale Order
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