How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1918
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

Following a separation in 2006, my then wife and I divorced

Resolved Question:

Following a separation in 2006, my then wife and I divorced in 2009.
At that time my wife did not want to live in the family home with our 2 children and rented a house elsewhere. We decided to put the house on the market, and I would stay there until it sold. The house stayed on the market for years without any interest. I alone continued to pay the mortgage in full throughout this time.
In 2011 I lost my job and was going to struggle to pay the mortgage, therefore I (with the verbal agreement of my ex-wife) rented the house out in order to cover the mortgage payments, and moved in with a family member.
The rent did not cover the mortgage, agents’ fess and Insurance as well as property maintenance. I had to cover the shortfall using my own money without any contribution from my ex-wife.
The current tenants are due to move out and both my ex-wife and I are very keen to sell the house. The market however is still fairly depressed and there are two other identical properties out of 6 in the street, which have been on the market for over 2 years and remained unsold. I have said that I am prepared to pay half the mortgage will it is empty and on the market, but my ex-wife refuses.
In the divorce settlement, I agreed to give my ex-wife 75% of the equity in the house when it was sold and this was documented in a consent order. My 25% equity equates to around £18,000 if the property was sold at a fair market value. I am already around £9,000 out of pocket with shortfall in rental and property maintenance.
I have an excellent credit record which I don’t want to destroy, But I don’t see that I should continue to pay for my ex-wife’s 75% equity.
Although I now have another job, I cannot afford to pay the mortgage and council tax for a house that would be sitting empty, for what could become years
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question.

Can you please attach, or type out a copy of the financial settlement and confirm it was approved by a court?

Customer: replied 6 months ago.
Please find attached
Expert:  Harris replied 6 months ago.

How much is the property to be marketed for and what is the outstanding mortgage?

Customer: replied 6 months ago.
Property to be marketed at £320k
Outstanding mortgage - £225k
Expert:  Harris replied 6 months ago.

On whose advice is the property being marketed at that price?

Customer: replied 6 months ago.
I suggested that the property be marketed at 299k for a quick sale bearing in mind that the other 2 properties in the street were for sale at 320k (with conservatory) and 360k (highly enhanced) remained unsold for a prolonged period
Expert:  Harris replied 6 months ago.

So why is it being marketed fro £320k and not £299k?

Customer: replied 6 months ago.
My ex-wife has insisted it go on the market for £320k - which is even against the advice of the selling agent.
Expert:  Harris replied 6 months ago.

If the agent is advising against it then she has no ground to force such a price. I have reviewed the court order and if you cannot agree with her to reduce to an advisable price you should write to the court with written advice from the agent and request the court make a decision regarding the sale price.

In relation to the mortgage payments, it is unfortunate that the court order does not specify who is to pay this - which it usually does specify to avoid any issues. However, if she continues to refuse to contribute towards the mortgage, and as it is not specified in the order, you should continue to pay the mortgage to avoid repossession.

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 your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1918
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice