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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 have been divorced /2 years with it being a clean break

Resolved Question:

I have been divorced for 31/2 years with it being a clean break divorce. I got in touch with my ex about a ppi claim in November. He told me that he had put a claim in already. The ppi was paid for from our joint account on a joint mortgage although only covering his wages.
After admitting that I was entitled to half in a text I rang the bank concerned they told me that I should be entitled to half but as it had been paid out on 30th December I would have to get it from my ex. My ex is now saying I cannot have any as it was a clean break divorce. I don't want any of his half just my own. Do I have a right to it?
Many thanks Helen Crow
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. As there was a clean break you cannot pursue this in terms of a financial relief claim arising out of the marriage but you will be able to pursue a small claim (if the claim is under £10,000).
Customer: replied 1 year ago.
I believe it is under £10,000 but my ex won't tell me how much. Do you think I would succeed if taken to small claims court?
Expert:  Harris replied 1 year ago.
If it was a joint asset and payments for the PPI were made jointly, then you have a good prospect of success. The fact that he has also previously messaged you stating that he will provide you with half the amount will help your case. Prior to issuing the application you should write him a letter informing him you will be making an application to court if it cannot be agreed. Please provide a positive rating if you found my assistance helpful as I will not be credited with answering this question with a positive rating. Thank you
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