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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I divorced in 1988 and under the terms of the settlement my

Resolved Question:

I divorced in 1988 and under the terms of the settlement my ex husband was given 25% of the equity at the point where a) the house was sold, b)I died c) I re married or d I cohabited for more than 6 months. In return he would pay a share of the maintenance of the building.
Some years after the divorce I was in a relationship and took out a mortgae to pay off my ex. He refused to comply with the terms and I was advised by my solicitor to drop it as long litigation is his modus operandi. At that time I was unwell and in no fit state to get him back to court.
Over the last couple of years he has emailed me asking for his equity in the property plus the return of monies he paid to CSA for child support.
I offered him an amount I thought appropriate which he refused.
My mortgage lender has sent me a letter to say that the mortgage falls due on the first of November. I have the funds to pay it off, however I would like to know where I stand legally once the mortgage is paid.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Have any of the listed trigger events been met?

-Was the mortgage taken out to pay off your husband or your ex-partner?

Customer: replied 11 months ago.
As stated, I made preparations to take out out an additional mortgage when I was cohabiting, one of the trigger events. As he refused to co-operate it was unnecessary. I have paid the original mortgage since my divorce, including the two additional mortgagees my ex took out for 'home improvements' one of which was his car.
Expert:  Harris replied 11 months ago.

Did you cohabit for more than 6 months?

Customer: replied 11 months ago.
several years
Expert:  Harris replied 11 months ago.

Thanks for confirming. In the circumstances you would be liable to pay 25% of the equity of the property to your ex-husband given that the trigger point has already been met.

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

Customer: replied 11 months ago.
This has not answered my question, there will be no equity once I pay off the mortgage. The trigger point was reached in 1990 or 91, my ex refused to have anything to do with it or accept the payment. I believe that as he made no contribution to upkeep or maintenance of the property over the last 30 years that he has forfeited his right to any financial gain. I have no desire to face him in court or anywhere else. The divorce judge summed him up as an unreasonable person. I need some leverage in this matter.
I apologise for the delay in replyingf, I was at a wedding yesterday.
Expert:  Harris replied 11 months ago.

What is the value of the property and what would he have needed to pay for his share of the maintenance of the property up until the trigger event?

Customer: replied 11 months ago.
Good morning,
I have not had the property valued but I would guess at £250,000. I have redecorated at approximately 4 yearly intervals, the kitchen floor has been tiled, there have been repairs to the roof and boiler, the side fence was replaced with a wall, the gravel patio was flagged, the garage door broke and was replaced,the loft insulated and a ladder fitted, the bathroom had to be replaced also. These things have occurred over the space of 27 years and I do not have costings on all of them, I am sure that there are other incidences which I cannot currently call to mind. I consider the trigger event to have been my cohabiting back in the early 90's, only the wall, roof and patio were before that.
Expert:  Harris replied 11 months ago.

What was the approximate value of the property and the mortgage at the time you cohabited for 6 months?

In relation to maintenance costs, it will be difficult to assess whether redecoration of the home counts as maintenance and this should usually be specified in the court order, however maintenance is the general upkeep of the property - such as essential repairs etc.

Customer: replied 11 months ago.
Apologies again for delay in replying, I had to locate the paperwork pertaining to this matter.
In 1996, which was the time I had the property valued in order to discharge the terms of the divorce the property was valued at £73,000-£76,000, the equity was calculated by my solicitor at £6,500.
Expert:  Harris replied 11 months ago.

Thank you - in that case he would be entitled to 25% of the equity at that time - therefore £1,625, less any share he did not pay up to that time in relation to maintenance as provided for in the order.

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

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