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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My Daughter and her husband separated and subsquentially divorced.

Customer Question

My Daughter and her husband separated and subsquentially divorced. The divorce settlement is if and when the house is sold, my daughter gets 70% of the proceeds and her ex 30%

But because the ex stopped paying the mortgage over year ago, I stepped in and have paid over 8,000 pounds.

My question is - Do I possibly have a claim against the ex's 30% ?

Regards David
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.
My name is Mac and I will be able to help you with your question but first I need a bit more information:

1. What is the value of the house (and amount of the mortgage)?

2. What is the monthly mortgage payment?

3. If you have seen,it, what does the Court order say about:
(A) the payment of the mortgage
(B) the payment of any other expenses on the house prior to sale.

4. We're there any discussions (or emails), with the ex-husband by you or your daughter at the time that you started paying towards the mortgage.

5. Is the mortgage interest-only or repayment?

Customer: replied 4 years ago.

1 ) 240 mort 110


2 650


3 Haven't seen it


4 no discussions by me, can't say for my daughter


5 repayment

Expert:  familylawexpert replied 4 years ago.
Thanks for that information. One more question: what does the order say about how long the property is to be occupied before it is sold? I assume that your daughter is living in it? Does the order say it is to be sold immediately, or is she permitted to live there for a specified period?
Customer: replied 4 years ago.

until her own daughter is 18 which is in 10 yrs, but she is in another relationship,and pregnant, so she will probably sell next year

Expert:  familylawexpert replied 4 years ago.
Your daughter needs to tell you what discussions she has had with him. He's not entitled to stop paying, so those are potentially arrears of debt that she may be able to recover by court application.
Going forward, it should be possible to reach an agreement with him that any further contributions from you will come from his share. It should be possible to do that, namely because if he doesn't agree that, then I would expect a court to endorse that kind of arrangement anyway, although it would probably be structured as you lending the money to your daughter, her paying the mortgage, and then her recovering a greater share.

I hope that is helpful.
Expert:  familylawexpert replied 4 years ago.

I notice that you have given a rating for my answer to your question. Is there any aspect of your question that I can help you with? If not, I would be very grateful if you could rate my answer.

Thank you,