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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I left my wife in 2001. We had three children so I let her

Resolved Question:

Hi, I left my wife in 2001. We had three young children so I let her keep the house until the children were grown up. Now the children are 23, 25 and 27.
We were divorced in 2003 but there was no financial agreement. I now wish to pursue this. Can I still do so? If so, what should I be looking at claiming? There is a house worth £200,000 and personal possessions worth say £10000. I also left family photographs and two boxes of records, which I have subsequently learned that she burned.
Any help/guidance would be much appreciated
Colin
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 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

What happened to the mortgage on the property?

What assets do you each have NOW and what income do you each have now

Customer: replied 9 months ago.
Ok..firstly neither of us has re-married.My wife has the house which I transfered into her name 3 years ago, possibly unwisely! She still has a small mortgage remaining (approx £10k)My income now approx £20000, hers not known but probably say £12000.I have no assets apart from a £500 car. We both have pensions from old employment, values totally unknown.Apart from that, she has the house and contents.
Expert:  Clare replied 9 months ago.

Why did you transfer the house to her?

has she been paying a Repayment Mortgage?

Customer: replied 9 months ago.
I transfered the house to her following pressure from my father to do so. At that time I believed she had been a good mother to my children. It is now VERY obvious she was not. I believe the mortgage is on a repayment basis, although I believe my father has also gifted her lump sums to reduce it.
Expert:  Clare replied 9 months ago.

What is your current housing position?

Customer: replied 9 months ago.
Living in private rented accommodation
Customer: replied 9 months ago.
Ok any more questions?
Expert:  Clare replied 9 months ago.

Just to check - are you aware that the site charges extra for a phone call.

IT is still open for you to make an application for Financial relief within the old Divorce Proceedings - but the fact that you transferred the property to her such a short time ago is likely to be a major problem.

The only issue will the property - there is no point in even attempting to claim for Personal Possessions - you can only claim second hand value - and the court will simply say that you should have taken action at the time.

With regard to the house your ex will be able to claim credit for the capital paid off the mortgage - and is likely to get a larger share of any equity in any event since she was the one who compromised her earning capacity to care for the children

Accordingly the very best you might achieve given the delay would potentially be an 80/20 split in her favour AFTER credit has been given for any mortgage she has repaid.

That is before comparison pf Pensions - and assuming that the Court do not decide that the Transfer three years ago did not denote a final settlement that your ex has since acted upon.

Please ask if you need further details

Customer: replied 9 months ago.
This is despite the fact that the delay was to allow the children a stable home?80/20 split would be fine, would the court take into account the overall reasons behind the transfer...its complex but a loan was raised against the house in joint names to pay me some money at the time, which was subsequently cleared by my father on the basis that I transfered the property to her.
Expert:  Clare replied 9 months ago.

How much did you receive and when?

Customer: replied 9 months ago.
My father made that repayment a gift to me....and was used to pay borrowing against the property, so would I get credit for the amount of the repayment?
Customer: replied 9 months ago.
It was £36000 three years ago.The original loan was £40000 in 2003.
Customer: replied 9 months ago.
All repayments on the loan were made by me personally.
Expert:  Clare replied 9 months ago.

So you received £40,000 in 2003.

How much was the property worth then and how much was outstanding on the mortgage.

How much did you pay in Child Maintenance?

Customer: replied 9 months ago.
Property was worth £120000 then, with mortgage £40000. I paid no maintenance but paid loan repayment £450 per month.But fact is, the £40,000 I received was really an advance on my fathers gift to me, she has never paid any of it.
Expert:  Clare replied 9 months ago.

In that case I am sorry but your chances of achieving anything at all are remote in the extreme.

Your received half of the equity at the time that you separated by way of raising a loan at that time.

I appreciate that you paid the loan - but you paid no Child Maintenance so your ex paid off the Original mortgage and paid for the chidlren alone.

The Court will take this into account.

The fact that your father paid off the loan at the time of the Transfer is simply not going to be enough and I suspect the Court will see this as a fair settlement.

I am sorry I know that it is not what you wished to hear but I ma afraid that this is a reflection of the approach that a court is likely to take

Customer: replied 9 months ago.
I appreciate your time and honesty. There are other factors involved, but I feel they would fall outside the courts jurisdiction. I think I am better off letting it go, and get on with my life!!Thank you again
Expert:  Clare replied 9 months ago.

Sadly I can only be honest about the position - and looking forward does indeed sound good!

Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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