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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11253
Experience:  I have been practising for 30 years.
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Am i entitled to equity my ex husband made on a house bought

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Hi, am i entitled to equity my ex husband made on a house bought and sold after we divorced? It was paid for (mortgage payments) out of a joint account but only his name on the deeds?

Hello for clarification - how long ago was this?

how long were you married?

Customer: replied 6 months ago.
Divorced in 2011, married for 7 years. I only had about 25-30% share of split but nothing formally. He then used his share of the house sale, which I believe I should've got a much larger amount due to giving up a full time career to look after our 2 children whilst he was able to work full time with uncapped potential, to buy a house I think it was Dec 2013 then sold last year for a £77500 profit.

It doesn’t matter whether property is in joint names or his sole name, any financial claim you have on it is exactly the same.

If there was a financial order as part of the divorce, you have no claim.

If there was no financial order, you potentially have a claim and you potentially have one for many years but generally, only if circumstances change.

There have been cases recently where an impoverished ex took their now millionaire spouse to court 10 years after the divorce and got a sizeable settlement.

However, each case hinges on its facts and it would obviously be grossly unfair if you were impoverished and him to be a millionaire lottery winner.

In this particular case, you agreed a settlement, albeit lower than it should have been, and he used his share of the settlement to buy a property which he has now sold.

I am a bit confused because you say he bought the property in 2013 which was after you divorced but you say it was paid for out of a joint account which doesn’t seem to make sense.

Customer: replied 6 months ago.
When I say agreed it wasn't a formal order, basically the house sold and I was given 50%. The joint bank account wasn't split and remained in both names. When he paid the deposit it came out of the joint account and mortgage payments from the joint account. I didn't know I was still on the account recently. It appears that he had 2 personal accounts which I knew nothing about which he would transfer money into from the joint account during the marriage. Can I make claims on the personal accounts?

It seems that all the money in the joint account which was used to pay for the property after you divorced, was his money, because this was done after you split up, and the fact that it’s a joint account is somewhat irrelevant.

You would potentially have a claim against personal accounts if you can prove that he deceived you in respect of the money although if it was money that was taken from the joint account, you obviously had partial control of that.

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