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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 9053
Experience:  Barrister at law
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I have a joint mortgage with my ex wife that I split up from

Customer Question

I have a joint mortgage with my ex wife that I split up from and left the marital home May 2021. We are now divorced (August 2021) but have no financial order in place. The house has gone up for sale and have buyers ready to complete. Before I sign the contract, I want to make sure I am not signing everything away as I have continued to pay the full mortgage for the past 14 or so and not lived in the property. Will this affect what monies I am owed out of the financial order? Thanks, Adam
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: England and no I have not spoken to a lawyer about this
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Expert:  plclegal replied 14 days ago.

Hello and thank you for contacting JustAnswer.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create a lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

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

Expert:  plclegal replied 14 days ago.

Do you have any agreement at all as to what will happen with the proceeds of the sale?

Have you been to mediation yet regarding the finances?

Customer: replied 14 days ago.
The profit from the property will be split 50/50. This will be approximately £50,000 each. There are outstanding debts from the marriage that also need resolving. Also a car that my ex wife has possession of. My next port of call would be mediation, but I'm worried that if I sign away our biggest asset, mediation will not be able to help
Expert:  plclegal replied 14 days ago.

I understand.

If you have a broad agreement to share the asset equally, this is a good starting point. However, the other issues do need to be resolved. I'd suggest starting mediation as soon as possible.

The sale can still go ahead - if you are not agreed on the asset share/ division through mediation (or a court application if this fails) at the point of completion then the conveyancer can simply hold the funds until such time as you do reach agreement.

I would really advise trying to sort out the overall picture before sharing the proceeds of the sale.

Can I assist further today?

Expert:  plclegal replied 14 days ago.

I didn't hear from you again, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!