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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have a legally agreed equity share of 35% tied up in the

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I have a legally agreed equity share of 35% tied up in the marital home, which is now overdue payment by my ex-wife, since our son is now grown up and living with me.
She has delayed for some 3+ years and is now under threat to have the matter returned to court.
Do I have the right to charge her rent on my share of the property during any further period of delay? (Or indeed retrospectively?)

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the exact wording of the Order for sale?

Who is paying the mortgage?

Customer: replied 1 year ago.
I'm sorry but my legal agreement copy is in the possession of my solicitor, so I can't give you the wording right now. Also I'm not sure if it's an "Order of sale". It was drawn up 10 or more years ago while my son still lived with his mother, a legal agreement that I should be entitled to 35% of equity on certain trigger points: he becomes 18; he leaves full-time education. He has lived with me since he was 16 which I would imagine should be the first trigger point, as she no longer needed to keep a roof over his head.
She pays the mortgage (interest only) and enjoys very cheap accommodation, hence her reluctance to sell and she is trying to delay matters, which is the reason for my question. I don't intend to charge rent on my equity, if I have such a right, but may be forced to use it as a means to persuade her that time is up on the agreement unless she wishes to return to court.
I hope this is enough info for now but can get the precise wording to you if necessary.

Is there any reason why you do not simply return the matter to court?

Customer: replied 1 year ago.
I am trying to bring matters to an end without court proceedings and I am patient, but patience is running out. However, my ex-wife has stated she is willing to put the property back on the market. The prospect of going to court is intended to speed her up a bit. Sparing my son's feelings in all this too, of course.

Whether or not you can charge "occupational rent" depends on the wording of the Order.

However there is no reason why you should not put her on notice that you intend to do so - although the fact that she is paying the mortgage makes it unlikely that a Court would order it.

I hope that this is of assistance - please ask if you need further details

Clare and other Property Law Specialists are ready to help you