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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33004
Experience:  25 years experience of all aspects of family law
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I left my ex-wife 7 years ago and we got divorced 3 years ago.

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I left my ex-wife 7 years ago and we got divorced 3 years ago. She has remained in the family home for the last 7 years and up until a year ago I paid the mortgage and all bills on that house (approx 1500 p/mth). I now still pay just the mortgage, water bill, tv licence and her car insurance (approx 750 p/mth). This was in lieu of her paying the school fees for our daughter and clothing, etc (approx 600 p/mth). it was mutually agreed that we would eventually sell the house and split the equity 50/50 or she would buy me out. Our daughter is now 16 and starts a non-fee paying college this September. She has always lived part of the time at my house, part at her mums and roughly one day a week at my mothers. On my ex-wife's days my daughter is collected from school and fed by my mother then my ex-wife collects her around 2000.

The property is in my name as I was already living there before I met my wife. It has taken two years for her to agree to buy me out but has now changed her mind at a time when I have finally managed to get a mortgage agreed for a new property for myself, my partner of 5 yrs, our 2yro son and my daughter. We have had to rent for the past 5yrs. In order to get this new mortgage I have to be off the old mortgage. With her now going back on her agreement we risk losing the mortgage and the house we have put a deposit on if not resolved by July. I will just point out that she earns 100k a year and my partner and I jointly earn 65k.

My question therefore is what legally can I do to resolve this?
1) as she has no charge on the house can I sell the house to my brother who can get a buy to let mortgage on the property, then give her notice to quit so he could sell the house. Could she take me to court over this and if so what would the court look to do?
2) can I take her to court to force a sale? What are the timescales involved in this?
3) any other options?

Many Thanks
Than you for your question.
I will do my best to assist you but need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.
House is worth 190 mortgage o/st is 114. My offer to her originally was to give me 20k so she would need 134k mortgage and then when daughter 18 she sells and give me half profit less the 20k. However so we don't have this hanging over us I then said if she gets 144k mortgage and gives me 30k now she can keep the rest and won't have to sell it in 2yrs and will end up with s lot more equity. She agreed originally is now refusing to do anything at all.
How much does she earn - is this mortgage a reasonable possibility?
Customer: replied 3 years ago.
She earns 100k a year. We have just secured a 120k mortgage on joint income of 65k so there is no issue with her not being able to afford it. I think, as she has used my daughter to try and keep control over me and my parents since we split, she is scared that once the house goes, which is the last thing she has any control in, she will no longer have a hold over me, and this is the reason she has delayed matters for so long and is why she is now refusing to even communicate with me at all.
My apologies I should have asked before - you have not yet remarried your current partner?
Customer: replied 3 years ago.
No we have just been living together for five years
You are still entitled to apply to the court within the completed divorce proceedings for the Financial side of the Divorce to be dealt with
This would include an application for an order for the immediate sale of the property and the division of the proceeds between you in any way that that the court thinks fit (and that is likely to much less than you have offered)
It would be most unwise to take the route that you have suggested of selling to your brother.
He will not be able to evict her since he will have purchased the property as a sitting tenant
In addition your ex would then be able to make a financial claim against you - and the court is likely to penalise you for your behaviour.
The court action would not be swift I am afraid however you could try and negotiate with your ex using Family mediation ( - it is likely that once she realises that a Court application will in fact leave her less well off she may be willing to settle quickly
I hope this is of assistance - please do not hesitate to ask for further information or clarification
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