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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34908
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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I have been trying to resolve a settlement with my ex for five

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I have been trying to resolve a settlement with my ex for five years through solicitors. She lives in the marital home with our two children 12 and 15. Property worth 300,000. I own two flats worth 200,000. We agreed settlement of me giving her 70,000. Then she said 80,000, which I agreed. Now she wants 87,000. I feel she will keep pushing it up. I am tired and frustrated. Do you think if I went to court it would be worth the financial outlay? I want my children to stay in their home. I live elsewhere.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are there outstanding mortgages on these properties?
What income do you each have?
Customer: replied 3 years ago.
1) Value of family home, £250,000. Outstanding mortgage £ 87,000 ( The house is in her name only ) The current monthly repayment is £ 80
2) Value of my house. £ 260,000. Outstanding mortgage £ 154,000 ( This house has been converted into two flats which are at present rented out and have an income of £1130 / month jointly. This property is in my name only and the current monthly repayment is £350
3) Both properties have interest only mortgages which finish in 2022.
4) She is asking for the full £ 87,000 . The only way this could be raised is by selling my property.
5) My current income is £ 3200/ month, Net + £ 1130 Gross
6) At present I pay £ 617.00 + school uniforms. bus passes, school trips and holidays for my two children. ( Voluntary, not by CSA.)
7) I believe her earnings are £ 550/month (Part time job, 20 hours per week ) + family tax credits + family allowance and anything else she gets.
Could she work full time?
Customer: replied 3 years ago.
There is no reason why she could not. She only wants to work enough hours to ensure her benefits
Where are you currently living?
Customer: replied 3 years ago.
With my new partner
Does she own her own home?
Customer: replied 3 years ago.
Yes with mortgage
On what basis did you offer £80,000?
Customer: replied 3 years ago.
Because that is what she informed me the mortgage was that would be left to pay back in 2022. Now she tells me it is 87000
What capital did you each bring to the relationship and does your ex have a new partner?
Customer: replied 3 years ago.
As far as I know she does not have a new partner.
I moved into her property which is the current marital home where she lives with our children and I was step parent to her other two children who were 13 and 15 when I moved in in 1997. She did not work when I moved in and I paid the mortgage, built an extension and was sole earner for 15 years.
When I moved out I only took my personal belongings. I carried on supporting the family and paying the mortgage for a considerable length of time to ensure the family's financial security.
I bought the flats in 2008. I left there in 2010
I had no property of my own in 1997.
I also left her with a car which I bought for £20,000
I hope this makes sense.
It does indeed.
How much was the property worth when you move din and how much was outstanding on the mortgage?
(best guesses are fine)
Customer: replied 3 years ago.
Probably around £ 70,000 and £24,000 outstanding.
It was then remortgaged twice. The first was to build the extension and the second was to put a £20,00 deposit on the house that is in my name. At the time of the second remortgage the property was worth £ 150,000 and that mortgage is an interest only mortgage of £87,000. The figure she is going for.
Your ex has a house with an equity of £160,000
You have a property with equity of £103,000
Whilst there is a vast difference in your incomes your ex could earn more if she chooses
There is simply no basis on which she will get a further £87,000 - indeed £50,000 would be incredibly generous.
You need to bring the matter before the court as soon as possible
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
Really helpful Clare. Thank you. Final question how much do you think taking it to court would cost me?
If you deal with the matter yourself it will only cost you the court fee of £255
Clare and 2 other Family Law Specialists are ready to help you