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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33516
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Madam, I am divorced and the consent order between

Customer Question

Dear Sir/madam,
I am divorced and the consent order between myself and my ex-husband stated that our property was to be sold, mortgage discharged, conveyancing costs paid, estate agents paid and then the remaining balance be divided equally between both parties.
The consent order also details maintenance payments to be made by him for the benefit of our children.
The house was marketed as per the consent order and the asking price was reduced over time due to lack of interest. Each time the price was due to be reduced my ex-husband requested that I agree to take a reduction in the amount I would receive from the final sale in order for him to agree the price drop. This got to the point that I said I would take 'X' amount and no less but I would give him any monies received above tha amount.
The house has sold. The monies received were not as much as he expected but there were still several hundred pounds over the amount I had agreed with him and I said I was happy to transfer this to him. He is now saying that I need to include interest costs and fees relating to the final mortgage balance and I owe him even more.
He has said that I need to pay it or he will take the monies himself from the child maintenance or take me to court if I don't agree.
I feel that I have gone over and above already even offering him more than the legal agreement stated and STILL standing to this even though he is threatening to take more.
Can anybody give me any advice as to where I stand please?
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HIThank you of your questionMy name is ***** ***** do my best to help you but I need some further information firstJust for clarity - did the Court Order specify a sale price?
Customer: replied 9 months ago.
Hi,No sale price was specified, the consent order simply says that "The property shall be sold for such price as may be agreed between the parties or, in default of such agreement, as determined by the court"
Expert:  Clare replied 9 months ago.
In that case please do not worry.In fact you do not have to pay him a penny more than his half shareYou certainly do not have to pay any interest or costs or fees.He cannot take you to court at all.If he tries to deduct it from the Child Maintenance then you can either enforce the Order or invoke the CMS (new CSA)I hope that this is of assistance - please ask if you need details
Customer: replied 9 months ago.
Hi,Are you sure? I think that I have been more than reasonable in still offering him the monies above the amount I verbally agreed with him as he will have received more than was legally agreed anyway.It just seems that he is not happy because he's not got what he wanted. We both were fully aware of the estate agent and solicitor costs. The final mortgage settlement was slightly more than anticipated but not exorbitant. He believes because he pays maintenance that he has already paid the interest costs as a function of that. I think that he never worked out the likely figure he would get from the property sale. He also intends to complain to the estate agent and the conveyancing solicitors.He wants them to refund their VAT and me to cover all of the interest and fees associated with the discharge of the mortgage.He wants to recoup what he considers his losses against future maintenance payments which I believe is wrong.
Customer: replied 9 months ago.
I can send the consent order if that's of help?
Expert:  Clare replied 9 months ago.
I am happy to look at if you would like - but the simple fact is that he has NO claim against you for any of those things.Child maintenance is NOT a backdoor way of paying the mortgage.Clearly you are correct - he never worked it out - but please do not pay him a penny more than he is entitled to
Customer: replied 9 months ago.
if i upload files they won't appear on the website will they?
Expert:  Clare replied 9 months ago.
They can be removed as soon as I have seen them - or you can give me a link to a dropbox
Customer: replied 9 months ago.
Ok, I'll attach them but please can you remove them straight after?
Expert:  Clare replied 9 months ago.
They just confirm what I have already told you - he is not entitled to a penny more than half of the proceeds of sale
Customer: replied 9 months ago.
Ok thank you but what about him claiming he shouldn't have to pay any interest added to the final mortgage payment? He believes he's already paid that in maintenance. Sorry, I'm just very worried about all this. He won't let up about it.
Expert:  Clare replied 9 months ago.
That is nonsense - he has not paid it via his Child maintenance at all - you received that to use for the care of the children - not to pay the interest on the mortgage
Customer: replied 9 months ago.
Ok, thank you very much for your time. I'll wait to hear what his solicitors letter says as he is adamant that he's taking me to court to get his money.Thank you
Expert:  Clare replied 9 months ago.
i suspect he is used to you giving in - he will have to understand that you no longer need to!
Clare, Solicitor
Category: Law
Satisfied Customers: 33516
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you. You've reaffirmed what everyone is telling me but from the legal view. Perhaps the control is finally gone.
Customer: replied 9 months ago.
Please can you remove the consent orders from this thread. Thank you.
Expert:  Clare replied 9 months ago.
I have already asked site admin to do this - there is some delay - but it will happen

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