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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35091
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello I am recently divorced, and am having to sell the

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I am recently divorced, and am having to sell the marital home. Our two children have left home and are not dependent.
Both my ex wife and I have moved out, and the house is empty. I solely pay for the mortgage, council tax and insurance on the property, and have done for the last 3 years since we parted.
What I would like to know, is whether I can claim back the extra money I have spent out when the property is eventually sold.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has a Final Financial Order been made by the Court Ordering the sale or has the current stage been reached by agreement?
Customer: replied 3 years ago.

The current stage has been reached by mutual agreement.





Customer: replied 3 years ago.

The current stage has been reached by agreement

How did the property come to be empty?
Customer: replied 3 years ago.

My ex wife is an alcoholic, both of our children couldn't cope so moved out when they were 16-17.

Once my daughter left at 16, I also left and went to live at my mothers, leaving my ex wife in the home.

She lived there, I paid the mortgage, and she paid some of the utilities etc.

After about 10-11 months, with mounting debts, she moved in with another man.

I then moved back in, and got all bills etc up to date and lived there for approx 18 months.

I have since met someone else, and stay at her house.

The house has very little furniture etc in it, but I keep gardens done and maintain it.


Hope this clarifies situation.





Thank you
How much is the house worth and how much is outstanding on the mortgage.
What other assets and debts are there (including pensions)
Customer: replied 3 years ago.



The house is on the market for £99,999.00, but realistically should achieve 90-95k.

The outstanding balance is circa £28k.

No other real assets, we split furniture, cars etc.

I have a pension which is worth about 18k. Ex wife has no pension.



How much are the mortgage payments?
Customer: replied 3 years ago.

£223 per Month

You can certainly ask to be given credit for half of the mortgage payments that you have made whilst the property is empty - but it might be more realistic to simply say that you are happy to simply split the equity 50/50 provided no claim is made on your modest pension
This is a realistic reflection of what might happen if it goes to court - but it would be better to negotiate a settlement using Family mediation (
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you