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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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After my divorce in 2007, it was decided that our marital home

Customer Question

After my divorce in 2007, it was decided that our marital home was to be sold on 30 May 2013, and I was to receive my share of 23.5% of the sale, of which my ex spouce was dealing with, and did so 31 August that year. the property showed little interest and she took it off the market last year 26 March 2015 and now living in the property herself, which in effect she has broken the agreement. She says she cannot afford to buy me out, and as far as I'm concerned still owes me the money. she evicted me from the property in April 2007 and since then I have been living in rented accomodation, struggling to make ends meet. As she has broken the agreement, do I need to go back to mediation and start again, or what is the best way to get my share of the property? Should I ask her to get the property re-valued and put it back on the market asap? or what should I do if she refuses?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstis there a Court Order dealing with the division?
Customer: replied 1 year ago.
Yes, there was a court order at the time, issued by Llanelli County Court. (Matter no.L106D00667).
Expert:  Clare replied 1 year ago.
What is the exact wording of the Order regarding the payment to you?
Customer: replied 1 year ago.
In the event of the property being sold pursuant to sub-clause (e) the costs shall be paid as to 76.5% by the respondant ( my ex) and 23>5% to me.
Expert:  Clare replied 1 year ago.
What is wording of (e)?
Customer: replied 1 year ago.
(b) The respondent shall with effectfrom the date of the consent order be soley responsible for all payments of capital and interest on the mortgageand shall, in the event of a sale of the property before the end of the mortgage term, redeem the mortgage from her share of the sale proceeds.
(c) the respondent shall be responssible for all routine maintenance and decorative repairs to the property.
(d) The cost of insuring the property and of any structural repairs (defined as repairs to load-baring wall;s and to the roof) shall be shared ny 20%
by the petitioner (me) and 80% by the Respondent providid that no works of structural repairs shall be carried out to the said property save by argument between the parties or by further order of the court;
(e) the property shall be sold forthwith upon the first of the following events to occur namely:-
i) 30th June 2013
ii)The respondent's death
iii)The respondent's remarriage
iv) The respondent's cohabitation with another person for a period exceeding 12 months
v) The respondent no longer using the property as her principal residence
vi) Voluntary sale of the property by the respondent save that the respondent may elect to utilise the entirety of the net sale proceeds of the property for the purchace of another property for herself. Such replacement property shall be held on the same term (save only for any appropriate adjustment as to the percentage) and on the basis that the costs of the sale of the new property shall be paid solely by the respondent.
Customer: replied 1 year ago.
Obviously clause i) is now past the date so the rest of the causes do no longer apply. I missed out the first part ;
' AND BY CONSENT IT IS ORDERED THAT:-
1. with effect from the date of decree absolute herein the property situate at***** newport, Isle of Wight registered at H.M.Land Registry under title number ( "the property") shall be held by the petitioner and the Respondent upon a trust for land for themselves as beneficial tenants in common as to 76.5% for the respondent and 23.5% for the petitioner and upon the folloeing conditions;
(a) in the event of the property being sold pursuant to sub-clause (e) etc....
Customer: replied 1 year ago.
e) the property shall be sold forthwith upon the first of the following events to occur namely:-
i) 30th June 2013
ii)The respondent's death
iii)The respondent's remarriage
iv) The respondent's cohabitation with another person for a period exceeding 12 months
v) The respondent no longer using the property as her principal residence
vi) Voluntary sale of the property by the respondent save that the respondent may elect to utilise the entirety of the net sale proceeds of the property for the purchace of another property for herself. Such replacement property shall be held on the same term (save only for any appropriate adjustment as to the percentage) and on the basis that the costs of the sale of the new property shall be paid solely by the respondent.
Expert:  Clare replied 1 year ago.
HI
Just for clarity - are there any minor children living in the property?
Clare
Customer: replied 1 year ago.
No, not now. My daughter was living there at the time of my divorce in 2007 as she was only 14 at the time. it was due to this which decided on the date the property was to be sold. she is now 22 and living with her boy friend, and studying music at Chichester University. My ex wife is now the only person living there.
Expert:  Clare replied 1 year ago.
In that case your way forward is to apply to the family court using a form D11http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdfasking for the following1. An order that your ex vacates the property2. An Order that you are permitted to deal with the sale of the propertyplus (optional)(3). An order naming an estate agent and/or setting a sale price3.0r (4)Your ex to pay the costsI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you for your reply. Sorry I have not replied sooner as I've been out all day today.
Do I need to use the same court who dealt with the divorce or can I use the county court wherre I live here on the Isle of Wight?
Expert:  Clare replied 1 year ago.
The same court who dealt with the divorce I am afraid
Customer: replied 1 year ago.
Thank you Clare. have you any idea how much it will cost me or if there is any help towards the cost as I am on low income?
Expert:  Clare replied 1 year ago.
The Court fee is £155 - and you may be eligible for fee remission - the form is herehttp://www.stepchange.org/Portals/0/Clients/EX160_form.pdf
Customer: replied 1 year ago.
Thank you so much for your help.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well.I would be grateful if you could take a few moments to deal with the rating - I do not get paid unless it is a positive one!
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
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.
thank you clare, I rated 4 stars for you. I have written a letter to my ex wife asking her to get the property re-valued and to put it back on the market before I take any court action.
Expert:  Clare replied 1 year ago.
Many thanks - and I hope all goes well

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