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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I part own a 4 bed house with the ex wife while seperated

Customer Question

I part own a 4 bed house with the ex wife while seperated from aug2015 to June 2016 she entered into 2 rental agreements to rent out 2 bedrooms to tenants generating £2000 per month in rental income
I did not sign any of the tenacity agreements with the tenants it was only her signature on the agreements
I paid the house costs mortgage ,insurance life insuranceAm I due any of the rental income as I own 50%of the house with the ex .
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
I am uk based as the house was owned in Surrey uk
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When was the Decree Absolute and was any financial agreement made at the time?

Customer: replied 5 months ago.
October 2015 for both
In the financial agreement there was no mention of renting out as the family home was to be sold ASAP
Expert:  Clare replied 5 months ago.

Who pays the mortgage?

What is the exact wording relating to the sale?

Customer: replied 5 months ago.
I had to pay the mortgage and secured loan until sold and from Feb 16 the ex had to pay 10%of the mortgage costs until sold
We both had to aid the sale
I have enclose the concent order
Expert:  Clare replied 5 months ago.

I am missing the Crucial Page - Page two - and possibly page three - of the actual Order.

Customer: replied 5 months ago.
Hopefully page 2 and 3 resent
Customer: replied 5 months ago.
Hope these are okay
Expert:  Clare replied 5 months ago.

Was your ex living in the property while these other people lived there?

Customer: replied 5 months ago.
she was with my 2 children
The house was a 4 bed ,she rented out 2 rooms and she had 1 room and my 2 boys shared .
Expert:  Clare replied 5 months ago.

How has the sale gone?

Customer: replied 5 months ago.
The house sold on the 3rd June 2016
I am still waiting for June's payment from her as per consent order
Expert:  Clare replied 5 months ago.

There is nothing in the Order which means that she does not have to share this income with you.

She can deduct an amount to cover the lodger's shares of the Utility bills but otherwise it doe shave to be shared equally with you

I hope that this is of assistance - please ask if you need further details

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