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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 982
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My ex wife is receiving rental income from our property abroad,

Customer Question

My ex wife is receiving rental income from our property abroad, am I entitled to a share of this income as my name is ***** ***** the invoice
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - have you already divorced?- if so, was an order / consent order made in respect of the matrimonial finances? Kind Regards Caroline
Customer: replied 1 year ago.
We've been divorced for 6 years
I received £60,000 from the settlement which allowed me to buy my flat.
The property in question is abroad In Malta which was used as the family holiday home, however the last 2 years my ex wife has been receiving rental on the property using my name on the invoice without my consent so am I entitled to half the rental income ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello When you received your settlement: - 1)was it by court order and2)did it state that it was full and final and3) that your wife was to retain the property in Malta? Kind Regards Caroline
Customer: replied 1 year ago.
Yes to the 1st question with regards full & final payment from my share of the house yes, but the property abroad was never mentioned in the divorce settlement as we'd both agreed that we could use the property as a holiday home at different times
Expert:  ukfamilysolicitor replied 1 year ago.
Hello You need to check the agreement very carefully. If the property was truly not mentioned - then please confirm your contribution to the property? are you still using this as a holiday home your self? Kind Regards Caroline
Customer: replied 1 year ago.
I'll check the papers, I have used the property twice since the divorce, but my argument is why is she allowed to use my name on invoices so it looks like I'm earning additional income when the money goes into her account in Malta
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Let me know when you have checked the papers. if it was full and final and the order says the Malta home was to be hers then you wont be able to claim and you need to request your name be removed. I am surprised the property was left out of an court order - a matrimonial order should deal with all assets. Let me know. Kind regards Caroline
Customer: replied 1 year ago.
Ok I'll check & get back to you .
Thanks for your help.
Expert:  ukfamilysolicitor replied 1 year ago.
your welcome
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline, sorry it's late but I found my divorce papers which states that the jointly owned property in Malta shall be sold forthwith & the following consequential provisions shall apply.
The said property shall be sold for such price as may be agreed between the parties or in default of such agreement as nominated by the court.
The petitioner shall have conduct of the sale.
It goes onto say that upon sale of the property she shall receive £114,000 & i receive 50%of the balance & she receives the other 50%.
So as the property has not been sold
where do I stand regarding rental proceeds
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sorry my system has been playing up and I couldn't see your response. The order is silent in respect of rental income - but you could still argue a share as you are still an owner. You need to seek enforcement of the order you have for the property to be sold. You should give consideration to mediation first - to discuss the rental income and when you will receive your sale proceeds. Kind Regards Caroline
Customer: replied 1 year ago.
Ok, how do I go about setting up mediation & is it expensive ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Fees vary - dependant on your income. There are lots of mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. They will invite you for an assessment session initially and let you know what the fees are. Kind Regards Caroline