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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I got divorced in October 2014 at a time when i was in

Customer Question

Hi, I got divorced in October 2014 at a time when i was in the depths of depression and a settlement was made when I was not in a good place. The estimate was given on our house for £250,000 and was sold the month (after the settlement) for £320,000. There was also a debt owed to my then father in-law for £21,000 which was taken out of the settlement before I had a say. This was a joint debt but I paid it in full out of my share of the house so I think this should of been shared between us.
Can you please let me know if I have a case?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow was the settlement reached - was it agreed or was there a full court hearing?
Customer: replied 10 months ago.
The settlement was forced on me and only one valuation was done at the time and I wasn't in a fit state to agree but never the less the agreement was put through. I shouldn't thought that the price of the house (£70,000) would of gone up that much in a month? I had been in a psychiatric hospital not long before the deal had been done. It's only now that I am feeling much better to understand what I had done. The loan to my father in-law was taken out of my share with no consultation about who should pay what. The loan was paid as part of an IVA after my business went through a sticky patch but I would of thought that this was a family loan?
Expert:  Clare replied 10 months ago.
Did you have legal advice - and was there a court hearing?
Customer: replied 10 months ago.
No I didn't have legal advice as I was not in the right frame of mind to deal with such a thing. There was no court hearing.
Expert:  Clare replied 10 months ago.
HiDid you sign a Consent Order and which part of the Uk are you in?
Customer: replied 10 months ago.
No i didn't sign any consent order for a settlement. I live in Southampton.
Expert:  Clare replied 10 months ago.
Hi
So what form did the settlement take?
Clare
Customer: replied 10 months ago.
The settlement was just agreed verbally. We had no other savings and the house sale was just agreed from a valuation from an estate agent and then sold for the higher amount of £320.000 and the money owed to my the father in-law was taken from my half without asking.
Expert:  Clare replied 10 months ago.
have you remarried at all?What income do you each have?
Customer: replied 10 months ago.
No i have not remarried and i am still on sickness benefit. My ex wife is a teacher and earns about £38,000 a year.
Expert:  Clare replied 10 months ago.
What capital assets do you each have?
Customer: replied 10 months ago.
I don't what my ex-wife has other than the money from the house. I have £45,000 left from the sale of the house. I get £500 a month from my pension and £75.00 a week from my sickness. I live in a rented flat
Expert:  Clare replied 10 months ago.
Hi
How much did she get?
Clare
Customer: replied 10 months ago.
My ex wife got £139,000. £21,000 to my ex father in-law and £50,000 to me.
Customer: replied 10 months ago.
Hi, you need to take in to consideration my state of mind at the timeKind regardsTony
Expert:  Clare replied 10 months ago.
Hi Tony
Please do not worry - I do indeed understand
In fact since there has been no Court Order and you had no legal advice there has been no final settlement at all
You can still make a claim against your ex - who has capital and income which will have to be taken into consideration
Tour starting point is to discuss this with your ex using Family mediation
If that fails then you can apply to the Court for a Financial Order - and a fair division of the assets now!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 10 months ago.
Hi Clare, I have been to mediation so the ball is rolling. If I have to go to court for a financial order, how much will that cost?RegardsTony
Expert:  Clare replied 10 months ago.
The court fee is £245 - and you can deal with the form yourself

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