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Harris, Law Specialist
Category: Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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No consent order 12 years ago. Husband now wants 40 % of property

Customer Question

No consent order 12 years ago. Husband now wants 40 % of property when I paid most of the mortgage.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. To answer your question fully please confirm: -are you divorced, if so have either of you remarried?-whose name is ***** ***** in?-do you have any children together, if so how old are they and what are the arrangements for them?
Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi . Thanks for getting back. Property is in joint names on Title deeds. One child 22 living at home so no longer a factor really. Husband making the clsim has remarried 10 years ago and has child by the new marriage.
Expert:  Harris replied 1 year ago.
Thanks. Have you remarried?Has he submitted a formal application to court? If so what applicaiton is it?
Customer: replied 1 year ago.
Hi. I have not remarried but ex husband has. I am just cohabiting. (Since 2007 I have cohabited.
The Letter from the Ex Husband's Solicitor just says "We have advised our client of his right to apply to the Court for an order that the property be sold."
There was a Consent Order that went in front of a Judge in 2001 when the Divorce occurred but it was not 'rubber stamped' because the Judge was not Happy about one of clauses and so there is effectively only a draft Consent Order. Ex husband paid 50% Mortgage for 13 years. The Other 13 years was just CSA payments and I paid the mortgage.
The Consent order (not finalised) agreement was that 40% when someone moves in but Ex husband never enforced as house process low in 2007 and daughter still at home as a dependant.
We wanted to at least stick with the Original arrangement and pay the 2007 House Price which gives ex husband £34l. He is demanding today's value which would give him £76k.
Title Deed looks like Joint Tenancy.
Can we subtract the Mortgage Contributions he never made for 13 years at the very least .?
Thanks for your replies so far.
Customer: replied 1 year ago.
By The way - This is £38 per month isn't it and not £38 a day ?!?
Expert:  Harris replied 1 year ago.
I am not sure in relation to your payment - you will need to contact the customer services team, but I would imagine it is per month. The starting point for the court would be a 50-50 split of the total assets between you. However, as he has now remarried he cannot pursue a financial application against you except for joint property. Please confirm why the consent order was not approved by the judge? What was the issue?
Customer: replied 1 year ago.
The Consent Order was not approved because it had a clause in it that said that if someone I cohabit then the Ex husband can reduce his Maintenance Payments. That was not accepted by the Judge.
I very much realise that we are on the back foot her. If the starting point is 50:50 split.
My main burning question is:-
What is the best way to try and get some acknowledgement of the unequal contributions made to paying down the Mortgage and deduct this from the 50:50 ?
Do we apply to the Courts separately and at the same time as the Ex Husband to achieve this ?
This 50:50 law has an Acronyn I heard recently... something beginning with 'T'...sounded like Towe ?
If the Ex applies for this 50/50 and we apply to the Court to have the disproportionate Mortgage payments recognised, do these Court applications go past the same Judge? Just trying to see if we have the slightest chance of 'actual fairness'.
If this were an investment in Shares I would never expect to achieve the same return if my original outlay was less that someone elses ?
Thank you for your responses so far
Expert:  Harris replied 1 year ago.
It will have to form part of the negotiations again - if you had remained living in the property alone, then it would be expected that you are to fund the mortgage payments and the court will unlikely grant you a greater share because of the mortgage repayments. The court will focus more on your needs, and his needs as well as what further assets there are so that you are both suitably accommodated once the settlement concludes.
Customer: replied 1 year ago.
He has asked via his solicitor for full and frank financial disclosure. Can I ask him for full and Frank finsnvial disvlosure as well.
Will it be expensive to then pass the two disclosures past a Judge to compare both our financial circumstances. My salary and Pension arrangements as well as those of my partner as far less healthy than those of my ex husband and his new wife.
Expert:  Harris replied 1 year ago.
Yes, you are entitled and would need full and frank disclosure from him. The disclosure itself will not be sent to the judge (Except for the Form E and court documents). You will have to assess them yourself or instruct a solicitor to assist. Your partner's finances are not to be disclosed as the case is between you and your ex-husband.
Customer: replied 1 year ago.
Hi. The acronym I was trying to think if was TOLATA. If I try and pursue this under the original contents if the Consent order but he goes down the Tolata route does that 'trump' my approach to this whole problem do you know.
Expert:  Harris replied 1 year ago.
Thanks - TOLATA applications are usually used to provide for someone who does not have a legal interest in the property or to force a sale of a property. Given that you have a dependant in your care and the property is held jointly between you, this will be an ineffective route for him to pursue
Customer: replied 1 year ago.
Hi again. Just need to say that the ex husband IS still on the Title Deeds as joint tennant; the lender at the time would nit let me take him off the mortgage as I couldnt afford to pay on my own even though I did. He paid £300 per month In CSA maintenance payments and I paid the £600 mortgage.Also my daughter is 22 and although still living me and my cohabitee, is possibility not a dependant now. Just thought I should set that straight.
So based on the above I suspect you may now say he DOES have a legal interest to justify TOLATA ?
Expert:  Harris replied 1 year ago.
Thanks - yes, potentially he could if you do not have a live financial relief application. Therefore you should consider whether you should urgently submit a Form A to commence financial relief proceedings as this will take precedents and a court will not entertain a TOLATA application if a financial relief application is issued.
Customer: replied 1 year ago.
Hi again. Thanks for your responses. They've been a very helpful guide. If my ex husband submits a Tolata before we get a chance to ***** for Financial relief will the Tolata then be given priority?
Expert:  Harris replied 1 year ago.
If that happens then I would think the best route is to submit the Form A and request that the Court does not consider the Tolata application as the Matrimonial application should take priority.You can submit the Form A now as a matter of urgency in person to your local family court.
Customer: replied 1 year ago.
Hi There. Many Thanks for all your responses. I not only feel clued up on the terminology but also feel I understand the way forward with this.
I am going to cancel my membership to save money but I guess if I need to I can always come back for more info. Many Thanks again.
Expert:  Harris replied 1 year ago.
Happy to hear that, thank you. If you have any questions in the future you can return and ask for me directly by starting your question For Harris