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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare Following on from our discussion, I decided to ask

Resolved Question:

Hi Clare Following on from our discussion, I decided to ask my ex for £5k, upfront to move. He flatly refused and said he'd rather I didn't bother to sell the house. It has made me realise I do actually want to move and be rid of him. So, I have dug out
the mortgage agreement which stated he should pay 50% of the mortgage payments which he's never done. It did also say that the house should be sold (but this was because I didn't think I could afford the mortgage rather than for his sake.) However, it went
into negative equity for years. He's arguing that he doesn't owe me a penny because I have taken until now to sell the house. But I did keep getting estate agents valuations and I haven't been in a position until now, to actually afford to sell and have the
money to move, pay a deposit elsewhere etc. I calculate that his share of the mortgage over the last 6 years is around £20k. Do I have grounds to take him to court for his share?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for the questionremind me - was there ever a court order within the divorce proceedings dealing with the FinancesThis would have been a separate Order to the divorce itselfClare
Customer: replied 2 years ago.
Hi Clare, no there was nothing separate, jut the list of what we both had to do for the decree absolute.
Expert:  Clare replied 2 years ago.
Again just to check - you have not remarried at all?
Customer: replied 2 years ago.
No I've not re-married and don't have a partner. He does have a girlfriend and I know they are saving for a deposit on a house but I suspect all of the savings will be in an account in her name - or at least they will be after our conversation this evening.
Customer: replied 2 years ago.
Hi Clare, I have also just been looking at our maintenance arangements and realised that the reason he changed from CSA to an informal arrangement is because if the CSA re-assessed his income, they would be asking him to pay, I expect somewhere in the region of £500 and £600 per month, perhaps more.The arrangement is £400 per month. I realise now, the desperation for me to get rid of CSA was not just for the sake of bills which would be considered when he applies for a mortgage but also because he doesn't want to pay what he should. I want to change back to CSA tomorrow but realise I need to take the full picture into account. I want to go for every single penny he owes me. I will continue with the house sale, (even though it is exactly what he wants) and pursue him separately for anything else he owes me.
Expert:  Clare replied 2 years ago.
No I am afraid he will only have to pay child and spouse maintenance for which you will pay the bills.Spouse maintenance is calculated on your reasonable needs and his income so it can be hard to assess-
Customer: replied 2 years ago.
Sorry Clare I have phrased that badly. He has to pay maintenance for Ben but nothing for me. The reason he doesn't want the child maintenance paid through CSA is because when he applies for a mortgage, the CSA payment is taken into account just like a credit card or loan debt. So he doesn't want CSA on his credit rating. But in addition, I have a strong suspicion that if they were to calculate his monthly payment it will be way above the £400 he currently pays. But I guess this is an aside. Sorry I shouldn't have complicated the issue. My main concern is whether I can pursue him for the last 7 years' of morgage he hasn't paid.
Expert:  Clare replied 2 years ago.
It is a matter that will be considered as part of the financial negotiations and taken into account in the settlement
Customer: replied 2 years ago.
Sorry, I don't understand what that means. If I sell now, do I not have a case to get the mortgage repayments he owes me? Do I have to keep the house to get the repayments he owes me?
Expert:  Clare replied 2 years ago.
My apologies for not being clearThe agreement that you had is not enforceableHowever whether you still own the house or not if the matter goes to court the Judge will take into account the lack of support that you received
Customer: replied 2 years ago.
Thanks Clare. Do you think it is worth pursuing? Are the costs I would pay to go to court likely to outweigh any gain (he owes approx £20k)? I have heard that I would need to try mediation before pursuing the matter through court.
Expert:  Clare replied 2 years ago.
Mediation may in fact help - and the threat of proceedings may make him pay the £5000!
Customer: replied 2 years ago.
Ok, so I will go for mediation, but basically if I sell now do I renege all rights to any mortgage payments he should have paid?
Expert:  Clare replied 2 years ago.
The court is never going to look at those in that context - monies that he "should have paid'BUT the court will take into account that he did not pay anything - whether or not you still own the property
Customer: replied 2 years ago.
So I might have a case? I don't really care about the money and if the costs equal the amount he would have to pay me then I would do it. I just want to know that if I suggest mediation and then I have to take it to court, I won't end up worse off.
Expert:  Clare replied 2 years ago.
Yes you have a case - and you are unlikely to be worse off BUT you will have to stay strong and not just give in when he tells you how stupid you are!
Customer: replied 2 years ago.
Thanks Clare. So to be clear- I sell regardless, go to mediation and if that fails, take him to court? Will they take into account that I have a savings account in my name that is savings for Ben for uni?
Expert:  Clare replied 2 years ago.
I am afraid that yes they will
Customer: replied 2 years ago.
And if I were to close the savings account and put the savings in Ben's account?
Expert:  Clare replied 2 years ago.
That will not change anything I am afraid
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