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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2314
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex failed to declare that she was renting out the family

Customer Question

My ex failed to declare that she was renting out the family home the tenant moved out in Aug 2015 as she declared but she then took in another 2 tenants undeclared ,I only found out I Jan 2016 and have asked for half the ire tied income while I paid the mortgage and 2nd mortgage and life insurance .
She is refusing to pay me any of this money from the rent do I have to go back to court .the rental money was not mentioned in the consent order
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for question. Plesse confirm the exact wording of the consent order so that I can assist you

Customer: replied 9 months ago.
The consent order did not mention anything about renting out the family home
The tenant which she took in was to leave in Aug 2015 but she extended it to June 2016 and took in another tenant
The rent she declared in form e was £400 per month this then increased Tom£2000 per month
The family home was in both our names .
Expert:  Harris replied 9 months ago.

What did the order state in relation to the family home? What was to happen to it?

Customer: replied 9 months ago.
Adding photo of consent order
Customer: replied 9 months ago.
As you will see I had to pay mortgage ,that's barclays /woolwich a secured loan that's shawbrook bank ,life insurance and tesco loan for solar panels .The consent order states that Diana must pay 10%of the mortgage costs yet she only paid 10%of the barclays /woolwich mortgage and nothing of the secured loan with shawbrook is this a breach of the consent order
Expert:  Harris replied 9 months ago.

Are you able to attach page 3 of the order onwards?

Customer: replied 9 months ago.
Hopefully all 8 pages attatched
Customer: replied 9 months ago.
Did you get all 8 pages
Expert:  Harris replied 9 months ago.

Yes, thank you that is very helpful. From what I can see, the home has not been sold. Therefore, under paragraph 26 it states that she is to pay you 10% of the monthly mortgage payments on a monthly basis from 16 February 2016 until completion. It makes no mention that she is to pay you 10% of any of the other loans that are outstanding. In the order at paragraphs 23(ii), (iii) and (iv) it states that these three are "loans" and not mortgages, therefore it would not be for her to meet 10% of these debts.

However, she has obviously breached her duty of full and frank disclosure and if you believe that this would have significantly altered the financial agreement you can apply back to court to have the consent order reviewed. In any event, her continued rental of the home may prevent a quick sale of the home thereby preventing you from implementing the order and realising your interest as agreed.

You can apply to court to have it reviewed under form D11 and a £155 court fee.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2314
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 9 months ago.
I did forget one thing the house sold on 3/06/2016 so is June payment due .
Expert:  Harris replied 9 months ago.

It depends whether the mortgage payment for June had to be made prior to the sale or not.

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