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Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My brother has been divorced yrs and he has always paid the mortgage. It was an in

Resolved Question:

My brother has been divorced for 16 yrs and he has always paid the mortgage. It was an interest only mortgage, the mortgage is now up, and the building society wants to close the mortgage. He is quite willing to sell the property but his ex wifes' name is ***** ***** the deeds. She has paid nothing towards the mortgage. Where would he stand regarding the sale and would she be entitled to anything ?
I await your reply
Mr G G Porter
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Just a bit more information required.
Was there a financial settlement as part of the divorce?
Have either of them remarried since the divorce?
What contributions were made to the purchase of the property from both of them?
Do they have children and how has the property been used since the divorce?
Customer: replied 1 year ago.
There was no financial settlement, apart from maintenance for the children.
Ex wife has remarried and divorced since.
Ex wife put the deposit down, don't know how much.
2 children, both over 20 yr old now, brother been living there, his children used to stay at weekends. His son has been living with him since he was 15yr old.
The ex wife, since divorce has been living in the old matrimonial home, which is owned by her father, not the property in question
Expert:  Harris replied 1 year ago.
Thanks for confirming. Given that she has remarried she is no longer entitled to pursue an application for financial relief from you due to the remarriage, although she is entitled to a share of the property given that it is a shared asset.
If the property were sold she will be entitled to a share which would usually be 50-50 if that is how the property is held, however given that she has made no contributions for at least 16 years this can be limited when negotiating with her how much of the proceeds she should receive.
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