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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My ex wife and I seperated in 2007 and we sold our house

Resolved Question:

Hi, my ex wife and I seperated in 2007 and we sold our house which was in joint names We did an amicable split of 64 40 in her favour of the proceeds . I allowed her to use 42K extra from my share to purchase a house for herself and our two daughters. She gave me 15k about four years ago leaving about 27k owed. Can I now ask her to sell the house as I need the money to live. Our two daughters are 23 and 20. Thanks Chris
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Chris Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - have you divorced?- if so, was there any order in respect of the matrimonial finances? Kind Regards Caroline
Customer: replied 1 year ago.
Hi Caroline, yes we divorced in 2011 and no orders in respect of matrimonial finances
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank your response. Can I ask - has either you or your ex remarried? Kind Regards Caroline
Customer: replied 1 year ago.
No neither of us have remarried She lives on her own as youngest daughter( 20) is at Uni first year and eldest ( 23) finishes uni in june to go and live and work in London. I live with a friend
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. I will prepare an answer for you now. This will take me about 10 minutes. Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello The correct way of dealing with the property that your wife bought with the proceeds of the former matrimonial home – given that there has previous been no financial order is respect of the matrimonial finances – is to now obtain one. You have to be aware that as there has been no previous financial order and neither party has remarried – then either party could still make a claim in respect of the matrimonial finances and this is the correct way to finalise the issue is respect of the matrimonial finances. In realistic terms – if your ex can remortgage to buy you out at an agreed amount - then what has been agreed can be incorporated into a consent order and submitted to the court for approval - so this becomes legally binding. The first step to dealing with the matrimonial finances is full and frank disclosure of all of the assets and liabilities for both of you. This includes everything and not just the property – but also any other assets you both may have. With a long marriage, over 5 years, the normal starting point for the division of matrimonial assets is a 50/50 division of all assets. The Matrimonial Causes Act sets out several factors which can lead to departure of the 50/50. A few examples, the earning capacity for both of you for the future ect. As your children are now over 18 then their housing needs will not be prioritised by the court. I note that you have previously agreed a 60/40 split in your wife's favour. If your ex is still agreeable to the figures you agreed when you separated then this is what should be incorporated into consent order. If the only asset is the property – then this is all that will be dealt with – but if there are other assets that say your ex has – such as savings ect – then this also needs to be included in the process otherwise you could be selling yourself short. I would suggest that you consider referring your case to family mediation. Family mediation will help both you and your ex through the process of full and frank disclosure as well as discussions about division. That are lots of family mediation services and there will be one local to you. If you just google family mediation in your area and then you can give them a call to get the ball rolling. If your ex engages with mediation and matters can be agreed as to who will get what - and when you will receive your share - then a consent order can be prepared which can be submitted to the court for approval. Once this has been approved by the court – it becomes legally binding. Not to follow this process means that you are left open for a future claim to be made against you. If her ex wont provide full disclosure or engage in mediation then you should make an application to the court so that the court can compel her to engage in disclosure and the court can also make the decision as to what the split should be – and if the house should be sold. Given that this appears to be the only matrimonial assets and our children are now adult - the court would likely agree that the house should be sold so that your share can be realised. The mediator will sign the form for you that you need to apply to court. It would be an application to the family court for a financial order. You cannot apply to court unless you have attempted mediation first. Please do not hesitate to ask if I can clarify anything for you or assist you further. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today.
Customer: replied 1 year ago.
Many thanks very helpful
Expert:  ukfamilysolicitor replied 1 year ago.
Hello ***** could help :-) Please do not hesitate to ask if I can clarify anything for you or assist you further. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today.
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