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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I got divorced in 1984, with the decree nisi being granted

Customer Question

I got divorced in 1984, with the decree nisi being granted in 1985. I had one son born in 1973, & paid maintenance for him until he started working. The solicitor I used has since gone out of business. My ex wife promised to give me my share of the house when it was sold. Eventually at the end of 2014, 30 years after my divorce when my son was 41, she sent me £18,000 telling me she had no more money. On Zoopla it says the house was sold in 2007 for £286,000. Is there anything I can do to get my share of the money? She has been mortgage free since she was 30, but I am still paying a mortgage although I am almost 75?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Just a bit more information required to assist you.
Please confirm if the property you are referring to was in sole or joint names.
Was there a financial settlement as part of the divorce that was approved by the court?
Have you remarried since?
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please could you provide the requested information so that I can assist you.
Customer: replied 1 year ago.
Many thanks. The property was in joint names.
There was no financial settlement approved by the court. My ex-wife & I had a verbal agreement that I would pay maintenance for our son until he started work, which I did, & when the house was sold she would pay me a share of the house, provided I took my name off the title.
I remarried my wife whom I met abroad where I was working between the decree nisi being granted, & the decree absolute.
Expert:  Harris replied 1 year ago.
Was your name taken off the title?
Given that you have now remarried, you cannot make a financial relief claim against her unless it is in relation to jointly owned property. Furthermore, if she has taken your name off the title you will not be able to pursue a claim regarding any proceeds from the sale.
Customer: replied 1 year ago.
Since I was divorced over 30 years ago, I assume that my name was taken off the title as she said she wanted it taken off. How can I find out? Please can you advise me?
As she verbally agreed to give me my share when the house was sold, I believed her. A solicitor friend who has since emigrated, & I am no longer in contact with told me that a verbal contract was binding. Is this true?
Expert:  Harris replied 1 year ago.
She would not have been able to take your name off the title without you signing the relevant forms.
A verbal agreement is not binding, as neither of you will be able to prove this. It can be used to pursue your position, but will be difficult to prove.
In relation to the title deeds you can obtain these from the land registry here: https://www.gov.uk/search-property-information-land-registry
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Customer: replied 1 year ago.
Dear Harris,
Sorry to take so long. I am in the process of establishing title, & will get back to you when I do
Expert:  Harris replied 1 year ago.
Thank you - if this question closes you can ask a new one and address it For Harris.
In the meantime please rate this response positively as I will not be credited for assisting you without this.
Customer: replied 1 year ago.
I am happy with your service, thank you, & would like to close the question & rate you, but cannot see how to do it, without accepting your offer of £64 to help beyond the scope of my original question which I do not wish to take up. How can I do this?
Expert:  Harris replied 1 year ago.
Thanks - you should get an option to rate this response now.
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