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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 3895
Experience:  Barrister at law
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I am trying get get some advice on property issues with my

Customer Question

Hi I am trying get get some advice on property issues with my husbands ex wife
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: They are divorced and we are now married
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: She left the marital home and said she wanted nothing to do with it she has not paid any mortgage payments and agreed that we could take the house on
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: At the time of her leaving the house was going for repossession and was currently on the market to be sold an offer was made but she refused the offer and took the property off the market
Submitted: 7 days ago.
Category: Law
Expert:  plclegal replied 7 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing this for you.

Customer: replied 7 days ago.
OK thanks
Expert:  plclegal replied 7 days ago.

OK. So what is the current issue in this case?

Customer: replied 7 days ago.
Husband ex wife left matrimonial home and in divorce settlement said she didn't want any part of the house at the time of her leaving the house was being repossessed and on the market to be sold
Expert:  plclegal replied 7 days ago.

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?

Customer: replied 7 days ago.
A offer was made and she declined it and took house off market after discussing this with husband it was agreed that we would take the house on and she said that she would not make any payments on. The mortgage and wants nothing more to do with the property
Customer: replied 7 days ago.
She is now sent us a letter stating she wants 53% of the property otherwise she will charge us rent to live here
Expert:  plclegal replied 7 days ago.

OK. And was this dealt with by way of financial order at the time of the divorce?

And has she also remarried or not?

Customer: replied 7 days ago.
we have lived in the property since May 2016
Expert:  plclegal replied 7 days ago.

OK. As above - was this dealt with by way of financial order at the time of the divorce?

And has she also remarried or not?

Customer: replied 7 days ago.
No the they was just divorced with no solicitors involved and no she hasn't remarried
Expert:  plclegal replied 7 days ago.

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.

Customer: replied 7 days ago.
The value was £127.000 and an outstanding mortgage of £115.000 its now valued at £155.000 with an mortgage outstanding of £106.000
Expert:  plclegal replied 7 days ago.

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.

Customer: replied 7 days ago.
would it not be taken into account that the house was being repossessed and that we have been making mortgage payments for the last 3 years with no financial money from her
Customer: replied 7 days ago.
Not in a position to make an offer as the mortgage is in arrears so unable to get finance but what sort of offer would you think would be acceptable
Customer: replied 7 days ago.
Also if she was to implement us paying rent would she then be responsible for mortgage payments or would we have to pay them as well
Expert:  plclegal replied 7 days ago.

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?

Customer: replied 7 days ago.
Well at the time of divorce it was negative equity as if it had sold the outstanding amount would of cleared the mortgage and the arrears and both would of left with nothing
Expert:  plclegal replied 7 days ago.

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:

https://solicitors.lawsociety.org.uk/

I hope this assists.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter