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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have been divorced for nearly 7 years. I moved out of the

Customer Question

I have been divorced for nearly 7 years. I moved out of the marital home in January 2007. Our mortgage was in my ex husbands name. I have got a registered interest filed on the property. Due to my ex's delay tactics we have now split the proceed of the house yet. I am worried that the time elapsing may reduce my entitlement to the financial split, hence him delaying the last 6 years.
Can you tell me if there is a timescale from when I moved out and had no financial input into the mortgage of home, as to how much I can expect from the split please.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

How long were you married?

Do you have children?
Customer: replied 4 years ago.

I was married in 1997, so nearly 10 years. We have 2 children. 12 and 14yrs.

Expert:  James Mather replied 4 years ago.

Who do children live with?

Is this a court order, the split?

What did you agree? Why is he delaying? Is it on the market? We need full background pls. I am oflfine shortly till tomorrow


Customer: replied 4 years ago.

We have a 50 50 agreement with kids.

We totally share kids on overnight care. Although I receive child benefit. We also share the cost of school clothing etc, but not personal stuff for kids.


The courts have never been involved as we did this 'amicably'. We financially split our business, cars, kids, other financial assets together. I was guided by a lawyer through legal aid, but it appears to have been forgotten that we need to split the home. I was legally advised that I would not be able to make him pay me off until my kids were 18.

At the time, I agreed he could stay in the house as his business was, and is run from there.

He pays mortgage. and his name is solely on the mortgage.


We periodically discuss paying me off... ie my share for which I always insist on 50% of the balance (about £54,000) after mortage etc . We stalemate as he says that's to much and tries to offer me less - not much, he just wants to be in the driving seat of the dealings, rather than me telling him how much. I see no reason to take less than 50%.


Recently he has been saying he dosn't want to increase his mortgage to raise the 54k. He is self-employed.

I am single and have managed to rent a place on my own and support myself. I am self employed (I receive low income support) He pays no maintenance. We share the kids 50 50.


My worry is the time lapse to resolve the house. I have a panic in my head that if it hasn't happened by 7 years I cannot demand anything, even though he is the one not paying up.


It needs resolving, for both our sakes, but I can't seem to get him to see it through. Theres always an excuse of 'not now'.


Expert:  James Mather replied 4 years ago.

It is difficult
because clearly, at present, you are reasonably civil with each other. As, he
won't want to raise an extra 54,000 because it means that you will be paying an
extra £54,000 mortgage.

What was agreed
will dim over time and if you get married, your claim on the marital assets

This should
really be sealed into a court order (consent order) to provide certainty of
what was agreed.

Customer: replied 4 years ago.

Thanks for comment.

It dosn't really answer my question though of 'is there a length of time set that once I've left the marital home, I can not claim on sharing the asset?'


Expert:  James Mather replied 4 years ago.

Your interest doesn't diminish because you have been out of the house for some time although if you had agree something memory dims over time and expect "I didn't agree that" at a later stage.

Get everything in writing.

Does that answer?


Customer: replied 4 years ago.

Yes it does answer my question. As long as its a recognised fact in the courts, should it go there.



Expert:  James Mather replied 4 years ago.

Glad to assist. Avoid arguing solicitor and arguing in court. It is v expensive.


both try to resolve matters using family mediation

it is quicker and less confrontational than court it isnt necessarily cheaper but often is.

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