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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1369
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been divorced 17years, my ex husbands

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Hello, I have been divorced for nearly 17years, my ex husbands name stayed on the mortgage, as I never earned enough money to take it over. He has never payed towards anything to do with the house, I now want to sell the property and I know he has to sign a form to agree, but can he make a claim to have some of the money? Thank you
Thank you for your question. I'm a family solicitor and able to help.
The matrimonial finances should have been ideally resolved when you divorced 17 years ago wither by consent order (agreed through the parties and approved by the court) or by court order. If there were then you should refer to the order.
If not, then you should now seek your husband to agree a clean break. The current legal position is that there is no time limit for making an application for financial relief following divorce.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement. Whilst you now have equity in your property it may also be that your ex husband also has assets - everything would be considered. You therefore also technically have the right to claim from your ex if he has any assets. Your ex may therefore be quite willing to sign a clean break agreement which could be lodged with the court (for a fee of £50) this would prevent either of you making claims in the future.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first. You could ask the court to approve a clean break order. The current court fee for this is £255.
Kind regards
I am new to this service and therefore positive feedback is gratefully received.
Customer: replied 2 years ago.

Thank you very much for answering my question. I have now found the consent order, it says.......The Respondent do transfer to the petitioner with 56 days of this order all his legal estate and beneficial interest in the freehold property. Does that mean he has no claim when I sell, even though his name stayed on the mortgage? The order has been stamped by a court. Thank you again , this has upset me today so your reply helped me :)

Thank you for your response.
I am glad that you have found the court approved consent order (as it has been stamped by the court) - yes this order still stands. so you can relax.
Kind Regards
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Customer: replied 2 years ago.

Thank you so much, I am so relieved.

Customer: replied 2 years ago.

Hello again , I think I am finished .....since I spoke to you last , my ex husband has been in contact and he can not believe he has no claim on the property, as he keeps saying my names on the deeds as well!!! So still very bothered by all this. But thank you anyway

Refer him to the court order - that is the decisive factor.
Just because he has a legal title doesn't mean that the beneficial title isn't all yours. You have confirmed that the order says the beneficial interest is all yours. Mortgage companies aren't bound by an order so they wont remove names because they can still chase him if you default.
I'd provide him with a copy of the court order.
If he doesn't sign tell him that you will refer the matter back to court to enforce the order.
Kind Regards