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 ukfamilysolicitor Your Own Question
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1441
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
Type Your Law Question Here...
ukfamilysolicitor is online now

I have a property jointly owned by my ex, we have agreed that

This answer was rated:

i have a property jointly owned by my ex, we have agreed that he will transfer the property for a sum of £50,000, but this is the third time i am taking out a mortage to attempt the transfer, each time he signs all the relevant documents then changes his mind on the last signing.
what can i do legally.
i even have a affidavit signed by himm to agree to the £500,000 sum
Customer: replied 2 years ago.
sorry the sum to complete the transfer of equity is £50,000 and not £500,000
Thank you for your question. I am a Solicitor and can help.
Please can I ask:-
1) were you married to your ex?
2) if you were married have you divorced?
3) if you divorced have you already obtained a court order or had the court approve a consent order in relation to the matrimonial finances?
Kind Regards
Customer: replied 2 years ago.
yes we were married for 27 years.
we got divorced in 2012.
unfortunately the divorce was completed but no financial matters were resolved as i moved home at that time and i did not recieve letters.
Thank you for your response and confirming that you were married for 27 years and that you divorced in 2012 but that you did not deal with the issue of matrimonial finances.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
I note that you have already reached an agreement but it is unlikely that you have followed the process detailed above. You won't know if the offer that has been made to you is fair until you follow this process.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
Once you have an order if you ex fails to comply then you can seek enforcement of the order to make him comply.
Kind Regards
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
Customer: replied 2 years ago.
we have reached an agreement on three occcassions of £50,000 however when my ex comes to the final signing of the documents he changes his mind and asks for more money.
i was wondering if the affidavit has any validation. as he made a affidavit where he agrees to transfer the property on sole name to me for the sum of £50,000.
thanks for the mediation service advice.
You can only enforce a court order and not an affidavit.
Kind Regards
ukfamilysolicitor and 3 other Law Specialists are ready to help you