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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1469
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I divorced my wife 5 years ago, but she is still on the

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I divorced my wife 5 years ago, but she is still on the mortgage, she is now threatening to take me to court to force me to sell the house, at the moment i'm not in a position to remortgage, I have always made the payments and the mortgage is up to date. can she do this?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

Please may I ask:

- when you divorced was there any order made in respect of the matrimonial finances?

- whose name is ***** ***** in?

- wasit your divorce petition or your wifes?

- have either of your remarried?

- any minor children? If so, where are they living?

kind regards

Caroline

Customer: replied 4 months ago.
when we divorced we came to a mutual agreement, that I would buy her half of the house, and no future claims would be made against any income/inheritance etc, the house is in joint names at the moment, it was a joint decision about the divorce, my ex wife lived in the house 4 years rent free, yes my ex wife remarried about 3 years ago

Hello

Thank you for your response.

Just a few more questions:

- was it your wifes divorce petition or yours?

- I note that there was an agreement between you but there was no court order - is this correct?

- are there any minor children?

kind regards

Caroline

Customer: replied 4 months ago.
it was my wife's divorce partition and the children are both grown up and live in their own places, there was no court order, it just states a mutual agreement has been made,

Hello

Thank you for clairfying that for me.

As it was your wifes divorce petition, if she completed the prayer at the back of the divorce petition to state her intention to seek a financial claim in relation to the matrimonial finances then despite the fact that she has remarried she can still make a claim in relation to the matrimonial finances which includes the house.

Even if she didnt complete the prayer at the back of the divorce petition as she is a joint owner of the property she could still make a claim to court under the Trust of Land Act for an order for sale of the property so that her share can be realised.

I appreciate that this isnt really what you want to hear but I do have to be honest with you in relation to the legal position.

What you need to know is that if your wife makes either application, given that your children are no longer minors and are not residing at home then it is highly likley that a court will order that the house be sold so that the equity can be realised.

You need to consider family mediation. This is a way of trying to reach agreement without the need for court. There are lots of family mediation services and there will be one local to you. Google family medaition in your area and give them a call to self refer. You may be able to reach agreement as to a payment schedule at mediation.

If agreement can be reached then you should have this prepared as a consent order and submitted to court for approval. This will prevent any future claims in relation to the matrimonial finances and you will both know where you stand.

Please do let me know if I can assist you further

kind regards

Caroline

Positive feedback is gratefully received

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