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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Following a separation in 2006, my then wife and I divorced

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Following a separation in 2006, my then wife and I divorced in 2009.
At that time my wife did not want to live in the family home with our 2 children and rented a house elsewhere. We decided to put the house on the market, and I would stay there until it sold. The house stayed on the market for years without any interest. I alone continued to pay the mortgage in full throughout this time.
In 2011 I lost my job and was going to struggle to pay the mortgage, therefore I (with the verbal agreement of my ex-wife) rented the house out in order to cover the mortgage payments, and moved in with a family member.
The rent did not cover the mortgage, agents’ fess and Insurance as well as property maintenance. I had to cover the shortfall using my own money without any contribution from my ex-wife.
The current tenants are due to move out and both my ex-wife and I are very keen to sell the house. The market however is still fairly depressed and there are two other identical properties out of 6 in the street, which have been on the market for over 2 years and remained unsold. I have said that I am prepared to pay half the mortgage will it is empty and on the market, but my ex-wife refuses.
In the divorce settlement, I agreed to give my ex-wife 75% of the equity in the house when it was sold and this was documented in a consent order. My 25% equity equates to around £18,000 if the property was sold at a fair market value. I am already around £9,000 out of pocket with shortfall in rental and property maintenance.
I have an excellent credit record which I don’t want to destroy, But I don’t see that I should continue to pay for my ex-wife’s 75% equity.
Although I now have another job, I cannot afford to pay the mortgage and council tax for a house that would be sitting empty, for what could become years

Hi, thank you for your question.

Can you please attach, or type out a copy of the financial settlement and confirm it was approved by a court?

Customer: replied 1 year ago.
Please find attached

How much is the property to be marketed for and what is the outstanding mortgage?

Customer: replied 1 year ago.
Property to be marketed at £320k
Outstanding mortgage - £225k

On whose advice is the property being marketed at that price?

Customer: replied 1 year ago.
I suggested that the property be marketed at 299k for a quick sale bearing in mind that the other 2 properties in the street were for sale at 320k (with conservatory) and 360k (highly enhanced) remained unsold for a prolonged period

So why is it being marketed fro £320k and not £299k?

Customer: replied 1 year ago.
My ex-wife has insisted it go on the market for £320k - which is even against the advice of the selling agent.

If the agent is advising against it then she has no ground to force such a price. I have reviewed the court order and if you cannot agree with her to reduce to an advisable price you should write to the court with written advice from the agent and request the court make a decision regarding the sale price.

In relation to the mortgage payments, it is unfortunate that the court order does not specify who is to pay this - which it usually does specify to avoid any issues. However, if she continues to refuse to contribute towards the mortgage, and as it is not specified in the order, you should continue to pay the mortgage to avoid repossession.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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