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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Property Law
Satisfied Customers: 724
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have recently divorced and have a property my husband is

Customer Question

I have recently divorced and have a property my husband is trying to force me to sell. We have 2 children 4 & 6 yrs. who live with me. we paid 220k for the property, I paid 80k and he paid 30k deposit. the mortgage is in joint names, balance of 113500k. He has not paid the mortgage for the last eighteen months, I have manged to pay this with the help of benefit. We have just had a surveyors valuation of 255k. My question is as I have the children is he still entitled to half the sale price?
Submitted: 1 year ago.
Category: Property Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question. I am a family Solicitor and am able to help.
I note that you have recently divorced but you have not dealt with the issue of the matrimonial finances. I note that your husband is trying to force you to sell you property and you are wondering what the correct division should be.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful for positive feedback

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