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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32426
Experience:  Over 5 years in practice
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Can I appeal a court order that was made years ago when the

Customer Question

Can I appeal a court order that was made years ago when the matrimonial home was valued at £75,000 current value is £450,000. The court order states that I was to be awarded £40,000 (needed to rehouse my three children under a part by part rent scheme.) The mortgage was to be paid off, leaving my ex husband with a couple of hundred pounds and the endowment.
(He cashed the endowment when it was worth £40,000) Today my ex husband believes that I am only entitled to £40,000 and he is entitled to the rest amounting to £410,000. Can you please advise?
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 5 months ago.

I am a little unclear as to why you did not receive your money when the Order was made?

Customer: replied 5 months ago.
This was because I could not get on the scheme to part buy which the court order was based on because I was not a first time buyer. It meant that we had to stay in the home, and it has never been sold.
Expert:  Clare replied 5 months ago.

Sorry - who remained living in the property?

Customer: replied 5 months ago.
It was myself and my three children
Customer: replied 5 months ago.
My children were aged 2, 4 and five when my husband moved out. I hoped for a fresh start in another property. The court order was originally in my favour and at the time was not aware that I would no longer qualify for the scheme which would have enabled me and my children to buy somewhere else. The fact that I couldn’t move meant that the court order was never enforced. Because the court order was made based on facts that are no longer relevant, namely the valuation of the property and the fact that the court order was based on an amount and not a percentage, it means that my ex husband believes that he will enforce the order and I will get £40,000 and he will get the rest which equals about £420,000
Expert:  Clare replied 5 months ago.

Who paid the mortgage and for any repairs alteration or improvements to the property?

Customer: replied 5 months ago.
I did
Expert:  Clare replied 5 months ago.

That has been from the time of the Order until now?

How much have you paid off the mortgage and how much have any alterations you have done enhanced the value of the property?

Customer: replied 5 months ago.
I paid the interest on the mortgage until 2007 thereafter my children and their partners took over the mortgage payments. This was because the original mortgage was linked to an endowment. The endowment was worth £47,000 and was awarded to him when the court order was made. In 2007 he cashed in the endowment he did not use it to pay off the mortgage, so the mortgage continued for another 25 years. I have put in a new boiler, bathroom suite, kitchen, typing, flooring etc as part of a general up keep of the property. Currently, two of my children along with their partners and two children live in the property. They pay him the money to cover the mortgage repayments which is about £200.00 per month.
Expert:  Clare replied 5 months ago.

Ok

When did you leave the property?

Was the mortgage in his sole name.

how much has the work that you paid for enhanced the value of the property?

Customer: replied 5 months ago.
Over the period of time it is not relevant with regard to enhancing the value of the propertty. I moved out and currently spend £1350 per month renting a flat so that my children could stay at the property with their families about 5 years ago. The mortgage is not in his sole name it is and always has been in both names.
Expert:  Clare replied 5 months ago.

My apologies - I did not see your response

In fact the Enhancement issue is of great relevance

as is the amount of the capital mortgage that you repaid

Customer: replied 5 months ago.
Well actually it isn't, because the court order made all those years ago based on the property value of £75,000 (1985) is what is relevant. When I tried to go back to court, I was told that a court order is a final settlement and is was over turned. My query is with regard to the timescale and current property value of £480,000, which as you can see is grossly unfavourable to me. I was enquiring more to the timescale and the current position of enforcing such an out of date court order which is based on irrelevant figures.
Expert:  Clare replied 5 months ago.

i am trying to assess what your legal options are, and under property, rather than family, law there is a possible option which is why I am asking for the details.

There is also a possible option under family law but it is a harder route - hence the questions

Customer: replied 5 months ago.
Ok so what advice can you give?
Expert:  Clare replied 5 months ago.

I need the details I have asked for first I am afraid

Customer: replied 5 months ago.
As I said it is hard to assess how much value has been added to the property. No major work has been done to it apart from what I already disclosed in previous responses. Myself and my children have mainly been doing general maintenance on the property and general upkeep.
Expert:  Clare replied 4 months ago.

Give me your best guess - just a figure to work with

Customer: replied 4 months ago.
The rise in the value of the property is simply down to the years that it has remained unsold. A figure for the up keep of the property would be approximately £10,000. But it is very hard to say.
Expert:  Clare replied 4 months ago.

So you have not done any improvement work that has actually increased the value - such as a new Kitchen or bathroom?

Customer: replied 4 months ago.
Wow! If your intention is to make this process painful, you are succeeding. I can’t believe that I paid to have this meaningless chat with you that keeps going on and yet getting no where. I take it that you haven’t got any advice for me because you haven’t given me any in all the correspondence so far.
Expert:  Clare replied 4 months ago.

Your situation is a complex one where there is an Order in place which clearly does not suit the circumstances.

Whilst it would be hard to overturn the order it might not be impossible.

However to have a chance of achieving it is important to make sure that I have the right information, and that can be difficult in a forum such as this.

I am trying to look at a way of using Property rather than family law to achieve the result that is needed, but if you do not wish to engage with that I am happy to opt out

Customer: replied 4 months ago.
I am very happy to engage in that and believe that I have been doing that. I was on my own in the property on income support raising three children no surplus cash. During this time Inteained to become a teacher, but still was on a tight budget. The money spent on the property was minimal. Work clearly needs to be done to it to modernise it, so the figure I gave you is accurate. It is the the hike in house prices that has impacted on the current valuation on the property, not any major works carried out by myself.
Expert:  Clare replied 4 months ago.

Ok thank you for that.

It does rather rule out the property law option which is a shame - BUT never mind.

Could you send a copy of the Order - just so I can see if there are and other get outs