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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Good evening. I have a question relating to a matrimonial

Customer Question

Good evening.
I have a question relating to a matrimonial property.
I went bankrupt in Feb 2014 after being left to pay all the family debt built up by both parties in the marriage, including the mortgage, even though I had left the matrimonial home. The house is currently in the hands of the Trustees whom have dealt with any property matters on my behalf. The equity that has built up from any potential sale now, of which 50% would have been entitled to me, has been 3rd party purchased by my ex wife.
The Trustee has informed me that any mortgage does not go into a Bankruptcy and therefore my name is ***** ***** to the property.
If, in the future, my ex wife decides to sell the property, would I be entitled to any share of any equity made from the sale? Am I entitled to make any claim on the existing equity within the divorce that is currently held by my wife?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Was a financial Order made at the time of the divorce?
Customer: replied 2 years ago.

Hi clare

Thank you for your response. There has been no financial order so far within the divorce. I am currently at the decree nisi stage and have yet to apply for the decree absolute. This is being made harder due to my wife not agreeing to any compromise to move the divorce forward.



Expert:  Clare replied 2 years ago.
How much is the property worth and how much is outstanding on the mortgage?
Are there any children involved?