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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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My first wife and I were divorced about fifteen years ago and

Resolved Question:

My first wife and I were divorced about fifteen years ago and although My ex wife stayed in the house with the children, my name was never removed from the title deeds. My ex wife now wants to sell the house and I would like to know if i am entitled to any of the proceeds from the sale. I have not paid anything towards that mortgage or home except through child support since i left. I did receive a payment of three thousand pounds about thirteen years ago although this was originally agreed to be seven thousand but at the last minute I was told that the family member could only afford three thousand and this was paid to me by a family member of my ex wife and I don't recall seeing a copy of any valuation report. What I want to know is am I entitled to a portion of the sale price and if I had to go to court, what sort of costs could I be looking at?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWas there a final financial order made within the divorce proceedings?
Customer: replied 2 years ago.
We organised the divorce ourselves And just filled the papers with the court.
Customer: replied 2 years ago.
We agreed that she should keep the house as the children stayed with her. The payment was organised and made a couple of years after the divorce.
Customer: replied 2 years ago.
is this enough information Clare?
Customer: replied 2 years ago.
Are you stil thee Clare, only i haven't heard from you in over an hour!!!
Expert:  Clare replied 2 years ago.
My apologies for the delayHow much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.
i do not know what the outstandong balance is and i believe an offer has been made for £220,000
Expert:  Clare replied 2 years ago.
When the payment was made was anything put in writing?
Customer: replied 2 years ago.
I gave a hand written receipt but I didn't receive any paperwork from my ex wife.
Expert:  Clare replied 2 years ago.
At that time how much was the property worth and how much was the equity?Have either of you remarried?
Customer: replied 2 years ago.
I have been told since that the property was worth roughly £76000, the equity was about £12000 but as I said, I didn't see a valuation report. Finally, I have remarried
Expert:  Clare replied 2 years ago.
Has your ex remarried?
Customer: replied 2 years ago.
No she hasn't
Customer: replied 2 years ago.
Sorry but I have to be up at six am so i need to go to bed.
Expert:  Clare replied 2 years ago.
Since you are still named on the deeds then technically you may have a claim on the proceeds of sale - and using property law you could make a claim for a percentage of the property somewhere between 25% and 50% since it is clear that you did receive a lump sum - but not 50% of the equityHowever your ex has not remarried which means that she could still apply to the FAMILY court for a financial settlement - and the family court has wide powers to redistribute the assets in any way the court thinks fairThe fact that it seems that you received 25% of the equity some years ago and your ex will no doubt claim that that was sufficientHowever she may well wish to avoid the delay and cost of court proceedings - do discussing a more modest payment at Mediation might be a wise idesI hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Thank you very much for your help.
Expert:  Clare replied 2 years ago.
You are welcome - sorry the news was not more positive and clear cut
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