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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6430
Experience:  Barrister at law
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I have been divorced now for 5 years and am still named on

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I have been divorced now for 5 years and am still named on the jointly owned mortgage of our house. When I left the arrears were £5000 and I paid my ex wife £1000 per month for our two children and to pay off the arrears, she hasn't done this and now lives in the house with her new husband of 3 years but has increased arrears to near £18000. What are my rights on this? 1. the fact she has increased arrears against my name and 2. that her husband lives in a property jointly owned by me?
JA: Where are you? It matters because laws vary by location.
Customer: Torquay, Devon, UK
JA: What steps have you taken so far?
Customer: I have taken none, but things have got out of hand now as she has raised an investigation through Child maintenance services saying im hiding income and not paying her enough for the 2 children. Which im now having to prove from my accountant so all of that is in hand I just want to be taken off any official paperwork its starting to depress me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: When I left she made me sign a bit of paper she wrote herself and got her mum to witness, paying me £10,000 and getting me to agree that when the house was sold I can claim no money from the sale. Im not interested in that even though I don't think the letter will stand up, but surely there's a law against her husband staying in a house that I still own? and surely there is something against the fact she has increased the poor score on my credit rating with the extra arrears

Hello, my name is*****'m a barrister and will do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you please clarify for me whether you had a financial order when you divorced?

Hello - I didn't hear from you.

Can I assist you further with your question?

Kind regards,

Peter

Customer: replied 5 months ago.
Hi Peter sorry I was away all day yesterday and couldn't respond. Thanks for your response but no I'm afraid no finincial order was put in place

Thanks for the clarification. In terms of your ownership and her husband living there - your ex wife, as a joint owner, is entitled to have whoever she likes living there - there's no law against him living there even though you are named on the mortgage.

I need to ask a couple more questions about the financial arrangements though.

1. The £10k that you took - was this equivalent to half of the equity in the property at the time?

2. What exactly did you sign?

3. Do you know what the current equity in the property is?

4. Have you asked her and her husband to take on the mortgage in order to clear this from your credit file?

Customer: replied 5 months ago.
Thankyou, in answer to your questions,
1. That was just an agreed amount that she offered me
2. She made a letter up and got me to sign it and her mother to witness it. nobody legal was involved
3. On average around £40k, there is a secured loan against it for £20,000
4. I have asked but the Halifax won't allow my name to come off the mortgage because of the arrears. They were at £5k when I left and she has now raised them to £18k

OK. If Halifax will not let you come off the mortgage, then your only option is to apply to court for a sale.

You could consider doing this as part of a financial order application, she is barred from bringing a claim due to remarriage, but as you have not remarried you can still make an application.

The other route is a county court application to force a sale.

Customer: replied 5 months ago.
Thankyou for this however o have remarried so what are my options now? Just heard from an estate agent who has given me a ball park valuation which says there should be around £80k equity in the property

If you have also remarried then it's simply an application for the sale of the property through the courts.

You can't revisit the marriage settlement if you have both remarried.

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