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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I have just through a lengthy divorce as he kept delaying things

Customer Question

I have just through a lengthy divorce as he kept delaying things all the time. My EX husband moved in to my house which I owned previously. When he move in I put him on the mortgage and he put £25,000 into the property I had a declaration of trust drawn up which say that I get half and then 12,500 and then he get his 25000 back. He moved out of the property over 12 months ago has not contributed to the mortgage or anything else. The property has been on the market for over 12 months I have just accepted an offer and he is refusing to sign the paper as he say there is matrimonial stuff to sort out??? Can I get an order from the court to take control of the sale as if this goes on too long I will loose the sale of the property??

Please help
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long were you living together
How much is the house worth and how much is outstanding o the mortgage?
What other assets and debts are there and what income do you each have?
Customer: replied 3 years ago.

He lived back at my house for 2 half years.

Outstanding on the mortgage is 214,000

There are other debts he has and I have some as well.

My income is £32,000 he earns £19,000


When he moved into my house a declaration of trust was drawn up to protect my interests as this my property.


Expert:  Clare replied 3 years ago.
I am afraid that the Family Court has the power to overrule the Declaration of trust.
So you lived together for three years at most.
How much is the property worth?