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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I bought an ex-MOD property with my husband in 1993. The market

Customer Question

I bought an ex-MOD property with my husband in 1993. The market value at the time was approximately £135000.00 - but we were able to buy it at a much discounted price because my husband was in the services and the property was being auctioned at a low value. I divorced my husband in 1997 and took on the mortgage of the property. I re-married in July 2000, and my husband moved in to the property with me. The value of the property at that time was approximately £150000.00. Mr Lucey and I are now getting divorced and Mr Lucey would like to keep the property. My question therefore is if he does buy me out what sort of payment can I expect from him, or indeed request from him? I am working on the assumption that he had not contributed to the mortgage at the point that the house was valued at £150000.00 - so I would be looking for a sizeable chunk of the value of the property - if not as it is priced now but certainly as it was priced then.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Are there any children involved?
What other assets and debts are there and what income do you each have?
Customer: replied 2 years ago.

Hi Clare.

You helped me with some advice back in 2013: Here is the detail that I supplied to you back then:

I split up from my husband in 2005. We had a property valued then at approximately £150,000.00 with an outstanding mortgage of approximately £50,000.00. He bought me out and gave me £50,000.00.

Best guess on the current worth of the property is £180,000.00. Possibly about £50K outstanding on mortgage. No other savings that I am aware of. My husbands income was about £35,000 gross when we split up - I don't know what it is now but he is still working for the same company now as he was then. My income is £31,000 gross.

Long story short but we got back together again in 2009 - and I paid towards the mortgage and the bills. We then split up again in 2011 - and I walked away with nothing. Given that the property may have increased in value since I was first bought out - can I make any claim on the value that it has increased by? We have not filed for a divorce yet (I am not in a financial position to do so) - but I am hoping to be able to get things moving early in 2014. And can I also claim some of his pension? Thank you.

Your response was:


Since you are still married you still have a claim on the Matrimonial Home despite the fact that you received a Capital settlement when you first separated How much that claim will be will depend on how much the Property is worth how much is actually outstanding on the mortgage and how much your ex does earn.

However it is likely that the court will take account of the money you have already received - reducing your possible claim

You are also fully entitled to a pension sharing order relating to half of the pension accrued over the years you were married

I hope that this is of assistance - please ask if you need further details.

I didn't act on your information last year but I am putting a case together now to lodge with the court as soon as I have sufficient information. I'm hoping to base my case on the value of the property as it was when Mr Lucey first moved in with me in - at which point he had not affected the value of the property - so even though I have had £50,000.00 from him in 2005 I feel I should have received much more than that. What are your thoughts on that?

Thank you.

Expert:  Clare replied 2 years ago.
When you separated the equity in the house was shared 50/50.
Arguably that was not fair given that you brought the asset to the marriage - a 60/40 or even 70/30 split in your favour would have been more appropriate
What happened to the £50,000 you received?
Customer: replied 2 years ago.

I used it as a deposit on a property, which I let out for a year. The tenants ruined the property and I had to have work done to it to put it back in to a reasonable condition and then I sold it. With the equity I paid some outstanding debts and bought a new car.

Expert:  Clare replied 2 years ago.
Do you still have the car and how much is it worth?
Customer: replied 2 years ago.

I don't have that car any more. When I got back together with Mr Lucey we part exchanged if for another one. The one I currently have is valued at approximately £4500.00.

Expert:  Clare replied 2 years ago.
Your claim on the matrimonial home is limited because you have already received one tranche of funds.
However you have cohabited again since which is why you will get a second "bite" as it were
However it will not be a sizeable chunk I am afraid
The Court will take into account the amount that you received £50,000 - and that your ex has had to repay that over the years.
However the fact that it was only a 50/50 split and that you have resumed cohabitation may give you a further claim - somewhere between £10,000 and £15,000 is likely
I hope that this is of assistance - please ask if you need further details