How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35074
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

After my divorce in 2006the court order gave 30 PC of the equity

This answer was rated:

After my divorce in 2006the court order gave 30 PC of the equity to my ex on sale of our marital home. There was also a clause my husband paid 30pc of the mortgage until sold, this he never did,
Recently he is claiming his 30pc 2 years later after the property was sold in 2012, when selling the property there was no 30pc charge on deed applied .. So it appears that who ever was responsible for applying the charge did not do so.. How do I stand please as I know longer have the equity made.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity you were aware that your ex was owed the 30% but you did not pay him?
How much was the equity and how much did he owe in respect of the mortgage?
Customer: replied 3 years ago.
Hi Clare
I was not aware that my ex was entitled to 30pc after the divorce as I had suffered a breakdown .
How ever there was no charge on the deed applied so when I sold the property in 2012 nothing flagged up to say my ex had any charge
The property sold for 220k with an outstanding mortgage of 100k so 120k equity.
He effectively owed £200 per month (30pc of the mortgage at the time) which he failed to pay which was in force from may2007 until may 2014
The problem I have is that if the charge to deed was applied then I could have settled at sale ..but noŵ I have not got funds as spent
I live in rented accommodation btw
Thanks in advance
Were either of you represented by solicitors at the time of the court hearing?
Customer: replied 3 years ago.
Hi Clare.. Yes I was represented by Michael cullum &partners in billericay.. Mr ***** ***** represented ex husband was represented for a short time by solicitors in Chelmsford... He didn't have them for long as far as can remember as don't think he had the funds.
Did the solicitor not write and explain the order to you?
Customer: replied 3 years ago.
Would this be my solicitor or would it have been my ex husband... Once the divorce was complete I did have papers from my solicitor saying he had a court order to pay me £200 a month towards the mortgage.. He never did, he disappeared for two years leaving me to sort my mortgage myself and look after two children.. My parents paid a lot for me in then had to put mortgage in interest only as could not afford.. There was a paragraph saying there was a 30pc charge on the marital house.. But this was never applied ..I didn't know then.. As nothing flagged up to tell me.. I don't have all the papers at the moment.. I hope I make sense.
Thank you clare
What has happened to the sale funds?
Customer: replied 3 years ago.
I bought another house with my partner.. We only lived there for a year as it was too expensive to keep. We sold it and now living in rented accommodation .. Unfortunately my partner had quite a bad horse gambling debt.. Which I have only recently found out how bad.. Majority of the money we had is gone to clear his debt.. We are not together now.. I have to move out of my rented house in the next couple of weeks and go and live with my mum.. I have been told my ex husband is taking me to court.. He and his partner are both out of work as we'll.. How on earth am I expected to pay this money when he ignored his court order and this charge was never applied?
What income do you have and what assets do you still have?
Customer: replied 3 years ago.
Hi My partner pays my income every month to me.. I do not claim any benefits.. I do not not have any assets either
I am sorry but the news is not good
The fact that your ex failed to Register the Charge does not mean that you could ignore it - and it is clear that you were informed of what the court order said.
You can set the unpaid mortgage against the amount that is due
I am afraid that you will need t provide evidence of exactly where the money has gone - including full details of the gambling debts
Please ask if you need further details
Clare and 2 other Law Specialists are ready to help you