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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 26387
Experience:  Senior Partner at Berkson Wallace
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I am getting married next year. My husband to be still has

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Hi i am getting married next year. My husband to be still has his ex wife named on their joint mortgage,despite having been divorced since 2006.The ex wife is also remarried,my question is,does she still have claim on the equity of the value in the former marital home,despite being remarried? Is she entitled to a share of what the value of the property was worth in 2006 or what it is worth now? The final consent order wasn't completed at the time of the decree absolute because she moved outside of the UK for 7 years and couldn't be contacted.I obviously need to know where we stand before we get married and combine our assets,I currently live in my own home at present.
JA: Was the home purchased during the marriage?
Customer: The home was purchased a year before the marriage came to and end,she subsequently stayed in the marital home for a year before leaving to go abroad.My partner then moved back into to property as he was still on the mortgage and partly responsible for the home,he then found that she hadnt been keeping up mortgage payments and had to clear £6k of arrears to be able to keep his home.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: I dont think so,but can you just clarify for me "marital funds" thanks
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no i think ive covered everything

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Did they have a financial settlement?

Stuart J and 2 other Family Law Specialists are ready to help you
Customer: replied 5 days ago.
No the final consent order was never completed as she left the UK and my partners solicitor was unable to contact her at the time.She returned to the UK last July with her husband and asked for her name to be removed from the mortgage,she said at the time she wasnt interested in any money from the house,but even so my partner got a new mortgage,a solicitor and she then had a change of heart and refused to sign to T1 form.Before we marry next year we obviously need to know where we stand as to having her removed from the mortgage and if he needs to buy her out if or what shes entitled to bearing in mind he has been the sole mortgage payer for past 13 years

As Bob Hoskins said in the BT advert, a long time ago, "it’s good to talk" It was good to talk to you. It was my pleasure to assist you. Please come back if anything else crops up and needs clarification. Thank you for trusting us with your legal problem. Kind regards Stuart

Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart