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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife owes me a substantial amount of money from the sale

Customer Question

My ex wife owes me a substantial amount of money from the sale of her property seven years ago. This money has been documented in a court order for her to pay it when she sold the marital home. She took so long to sell the marital home that I'd forgotten that this clause was in the order and it has only just come to light. The order states that she pays me 50% of the figure achieved over £675,000. How do I enforce a court order?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HIThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDo you know how much the property was sold for?
Customer: replied 10 months ago.
The property was sold for £723,000 on 31 March 2006. The court order was issued in April 2003. The court order states:-
'On the eventual sale of the former matrimonial home by the Petitioner (my ex wife), the Respondent (Me), is to receive half of the gross sale price realised in excess of £650,000. The sale price is to be defined as the open market value at the time of the sale to be agreed or in default of agreement to be determined by a valuer nominated by the court'.
It wasn't until recently that I noticed this clause in the order.
Customer: replied 10 months ago.
I've been looking online and found some uncertainty as to whether a debt can be chased after six years. Does this apply to my situation, considering a Court has ordered this as part of a court order?
Customer: replied 10 months ago.
Hi Clare, how rude of me, my name is ***** ***** you for assisting me with this.I apologise as my figures in my initial question were wrong due to me rushing this morning. The information sent at 2:57 this afternoon and subsequently is correct. I hope you can help?
Expert:  Clare replied 10 months ago.
Hi Rob
Since the money is due under the terms of a Court Order there is no time limit involved and you will be able to recover the money.
You do this via the Family Courts using a Form D50K available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 10 months ago.
Thank you Clare that is very helpful. One more thing, can I charge intrest on the outstanding balance? This would almost be 10 years worth?
Customer: replied 10 months ago.
Also, do I just fill in the form and send it to the issuing court?
Customer: replied 10 months ago.
Also Claire, is it possible to use the Money Claim Online Service instead of the D50K Form?
Expert:  Clare replied 10 months ago.
Hi
Yes you can claim interest of the debyt at 8% per annum.
You do indeed fill in the form and send it with the £95 fee.
You do not need to use Money Claim online.
You already have the Order and are simply enforcing it
Clare

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