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I'm just reviewing this for you.
OK. So what is the current issue in this case?
Yes, I understand that from your question.
So what is the current issue with the property - are you and your husband now in the property?
Did they have a financial clean break order?
OK. And was this dealt with by way of financial order at the time of the divorce?
And has she also remarried or not?
OK. As above - was this dealt with by way of financial order at the time of the divorce?
OK. What was the equity in the property worth back in 2016, and what equity is there now?
The difficulty is that if the marital assets were never officially divided, she does technically have a claim on the asset.
Having an idea of the equity in the property/ it's value might assist with making an offer to settle, and then I suggest this should be recorded in a financial order to prevent further claims.
And are you in a position to make her an offer to settle/ buy her share out?
I appreciate this galls but any offer should reflect that you and your husband have paid the mortgage solely for the length of time that you have. It doesn't detract from the point that she has an 'interest' in the property though, I'm afraid.
As above, your contributions (with nothing from her) would be reflected in the offer you make to settle. It would be taken into account, but it doesn't remove her interest in the property.
As to what is acceptable, it's dependent on what she is prepared to accept, if that makes sense. Starting with half the value of the equity at the time of the divorce could be a suggested approach.
If she is contributing nothing to the mortgage then I cannot see how she is going to charge you rent.
She could apply to the court for a sale though, which is presumably something you want to avoid.
Can I clarify anything further?
OK, that wasn't clear from your response as with the figures you gave the equity would have been around £12k.
In this case a token gesture may assist - as to how much I can't give a figure though.
But any sum of money would put her in a better position than she was at the time of the divorce.
It's something I think is worth exploring and if you were to approach a solicitor to write to her and make an offer it may settle the issue. You can find a local solicitor here:
I hope this assists.
If you have further questions, you can always come back to me.
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