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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33894
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I've got divorced from My Wife 3 months ago and I'm

Customer Question

I've got divorced from My Wife 3 months ago and I'm currently trying to sell the family home which is solely in my name my ex partner does not contribute towards the property we have two kids together.who live there currently I'm trying to sell it and give her a share of the property however her solicitor has told me she's put a charge on my house i have not recived this form regards ***** ***** forms application it was 3 weeks ago. and how long does she have to produce the charge before I can proceed to sell the property? We also got divorced on the grounds that the respondent has behaved in such a way the petitioner cannot reasonably be expected to live with the respondent to the respondent is the ex-wife.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

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

When was the Decree Absolute?

How old are the children?

How much is the house worth and how much is outstanding on the mortgage?

What other assets are there and what income do you each have?

Customer: replied 8 months ago.
Decree absolute 7april 2016.
Children 5yrs and 7yrs.
House is worth £109k and 69k left to pay.
No assets left. I earn 34k plus over time.
She earns 15_17k ish not fully sure tho.
Expert:  Clare replied 8 months ago.

Does she have a new partner?

Customer: replied 8 months ago.
No new partner but her one night stand men have been stopping in the house I pay for.
Expert:  Clare replied 8 months ago.

Are you aware that the site charges extra for a phone call?

Where will the children live if the property is sold?

Customer: replied 8 months ago.
With the mother. She has been mortgage approved and wants her own or this property. She agreed to sell this one and take her share. So I put the for sale sign up at a cost of 1k now she says she wants to buy me out on her terms. But no action has been taken and I need to sell as I can't afford it on my own and are with a new partner in London and I am having a new baby. So I pay £400 ish on this property £450 child maintenance to her plus when I have my boy by them clothes etc. And have a new partner house to pay for so I have some were to live.
Expert:  Clare replied 8 months ago.

How much has she offered you for a buy out?

Customer: replied 8 months ago.
Expert:  Clare replied 8 months ago.

Ah - so essentially £10,000 - a 25/75 percentage split?

Customer: replied 8 months ago.
Yeah. I've left everything in the house and the car. Paid mortgage for 13months since we split. Bills for 3 months so she could get on her feet. Also the job she in accountancy I paid for the course. Just want to split the house move on with my life but of course pay for (£450 month) and see my boys we have together. As much as which is the only thing she good about to be fair. Just don't know how to go about it all or where I stand.
Expert:  Clare replied 8 months ago.

How much are you looking for?

Customer: replied 8 months ago.
Just a fair split. But with that letter from her solicitor saying she putting a charge on the house and nothing since. I don't know what to do. Not sure why they are stalling. And for how long they can.but every month they do its coming out of my pocket.ive asked her solicitor when would I expect the rest of the docs and reply was when my Clint has instructed me and it's drafted.
Expert:  Clare replied 8 months ago.

What do you consider a fair split?

Customer: replied 8 months ago.
50/50 after the solicitor and sale bill board payed.
Expert:  Clare replied 8 months ago.

What pension provision do you have?

Customer: replied 8 months ago.
None savings. Just the house.
Expert:  Clare replied 8 months ago.

I am going to have to be honest with you - and I know that the news is not going to be what you wish to hear.

What she has done is put a Restriction on the property at the Land Registry

which means that you are not going to be able to force a sale without either

the agreement of your ex or an Order from the Court within the Matrimonial proceedings.

I know that the property is in your sole name; I appreciate that you are paying the mortgage but still the starting point for division is 50/50 - but since the children live with their mother and are still young a 60/40 split in her favour is very likely

The equity in the property on your figures is £40,000 - and 40% is £16,000.

The court would almost certainly allow for possible costs of sale making the equity £35,000 and your share £14,000

Accordingly any offer from her of £83,000 or more is acceptable - and she has offered you £85,000 which is in fact a 60/40 split (my apologies for the earlier error)

If you go to court - even if you get a 50/50 split then allowing for the costs of sale you are likely to receive £17,500 - just £1,500 more than she has currently offered - and in the mean time you will have made between 6 and 12 mortgage payments

Grim news I know

Please ask if you need further details

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