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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I live with my wife in a terraced house. The mortgage on the

Resolved Question:

I live with my wife in a terraced house. The mortgage on the property is between my wife and her e-husband. We are being forced into a sale by her ex-husband and he is demanding that we pay him half of any money that is made on the house.
For the last 5.5 years i have paid the mortgage (i have the bank statements to show this) and the ex-husband has not contributed any money.
What is my legal standing on this?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Was there a court approved financial settlement as part of their divorce?

Customer: replied 1 year ago.
There is a Court Order stating the house will need to be sold if my wife were to re-marry (which she did to me) but nothing stating what the share of the sale value shall be.
Expert:  Harris replied 1 year ago.

Are you able to attach the court order using the paperclip icon please?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
Sorry i have been away the last couple of days. I will upload the information shortly.
Customer: replied 1 year ago.
I have now attached the consent form/Court Order that we have.Apologies for this taking a bit longer as i have been away on business, however i am back now so will reply as soon as possible.
Expert:  Harris replied 1 year ago.

Thank you for confirming Paragraph 1 is clear in that they hold the property in equal shares (ie. 50% each). Given that she has now remarried the determining event as outlined in paragraph 1(b) (iii) takes effect and the property should have been sold upon her remarriage.

Furthermore, paragraph 1(f) creates a liability for her to pay him occupation rent if she has remained in the property for 3 months after her remarriage - such occupation rent to be agreed between them or determined by the court if there is no agreement.

Unfortunately, despite your contributions to the property you have no legal interest in it and your contributions do not create a share of the property.

This is further complicated by the fact that it is your new matrimonial home with her, but her ex-husband would still be entitled to 50% of the equity as outlined in the order.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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