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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1436
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I seperated from my husband 2 years ago, we have a joint

Customer Question

I seperated from my husband 2 years ago, we have a joint mortgage which he did not contribute to in our marriage, (I can prove that) nor did he contribute to household bills and costs, I have a decree nisi and want an absolute he is refusing the settlement of 12,000 which is all I have to give, there is equity in the house but there is a covenant meaning that the house cannot be sold without my mums consent, is there a way to make him accept?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Good Morning
Welcome to Just Answer
Please may I ask:
- how long were you married?
- have you fully disclosed and exchanged all financial information?
- have you been to mediation?
Kind Regards
Customer: replied 2 years ago.

Hi we were married for 10 years

he agreed mediation then failed to attend any meetings

no financial exchanges,

he is living with his new partner

the house was worth 199,00 when he left, we had a discount of 55k as it was my parent council house we bought, I have made huge improvements on the house since he left valued at around 250k now

my mum wont agree to sale to fund him

Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your response.
How much is the outstanding mortgage?
How much is the charge in favour of your mother?
Any other assets?
Kind Regards
Customer: replied 2 years ago.

Hi Caroline

The outstanding mortgage is just over 26k as I said he has not made any contribution since he left (or before) he always said he was owed expenses ec

My Mum is not entitled to any financial claim but has to agree the sale, in effect she gave us 55k as that was the discount she received


Customer: replied 2 years ago.

sorry thats 126k not 26 outstanding


Customer: replied 2 years ago.

sorry thats 126k not 26 outstanding

no other assets

Have you any advice please?


Expert:  ukfamilysolicitor replied 2 years ago.
Hello Jo
Thank you for your response.
Please accept my sincere apologies for my delay in responding to you today. I was in court and the hearing lasted much longer than expected.
I note that there is probably about £120k equity in your home and that you have offered your ex £12k in about full and final settlement of his financial claims. This equates to around 10% of the equity. If a court accepted your argument that the house had increased in value by £50k following your separation then your current offer still only equates to about 17%. I am concerned that your husband might not agree this is a fair offer.
In relation to the matrimonial finances - 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 would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc.
A marriage that lasts over 5 years is really considered as a lengthy marriage and therefore the starting point really is 50 / 50 before you consider the factors from the matrimonial causes act - as detailed above.
I note that you have stated that your husband did not contribute - unfortunately the fact that your husband has not contributed will not stop him making a claim in respect of the matrimonial finances and this is not a major consideration of the court.
There might be some factors that help you bridge the gap between your offer - but you are really not going to know the full picture until your husband engages in full and frank disclosure. As mentioned above - everything is included in disclosure - so it might be that over assets can be used to offset - say for example if your husband has a pension - you could forgo a claim in relation to the same to offset this against the house.
If your earning capacity is less than your husbands - you should argue for a larger share than 50/50 - somewhere between 10 - 20% depending upon the difference.
You should also consider asking for spousal maintenance - if your husband is earning capacity is higher than yours. You can roll up spousal maintenance to retain a bigger share of the property.
I note that you have already attempted mediation - but your husband wouldn't engage.
As your husband wouldn't engage in providing full and frank disclosure then you need to make an application would need to be made to the court. Form A. To Local Family Court.
It is very important that no division of any assets takes place until a court order is obtained. Even if you paid your husband some money now but you didnt have a court order - then he could still try and claim more money in the future - so dont pay anything until you have a court order.
The court could choose to make an order for sale (despite the position re your mother) or they could choose to allow your to make payments in a schedule, or even put a charge on the property - if the court considered that he should be awarded more than your current offer.
Kind Regards
Positive feedback is gratefully received.
Expert:  ukfamilysolicitor replied 2 years ago.
please kindly remember to rate positively - your question will not close and I can answer your follow up questions for free