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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28661
Experience:  25 years experience of all aspects of family law
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Hi, I have a question with regard to divorce settlement.

Resolved Question:

Hi, I have a question with regard to divorce settlement. My former wife and I separated in 2006. I divorced her via ‘2 year separation ‘ method and the absolute was dated 20th Jan 2011. I have two children (Charlotte 11, Anthony 9). They stay with me on Sunday day/night until Monday morning and Wednesday after school until Thursday morning. My former wife left the property in 2006 of her own accord with the children(I was living in a rented flat at that point). She moved in to a rented house where she has cohabited with several men since the divorce. The most recent has lived with her for around six months. When she moved out of the family home, I moved back in and she was keen to take her name off the property for some reason. In July 2008 I re-mortgaged so that the transfer of equity and name change on the property could occur - the house is now in my name only. No consent order has ever been completed and we have amicably made arrangement for children and I pay her £250.00 per month I also verbally agreed to pay her £35,000 in ten years (From the date of divorce) as settlement. I have now been married for one year and my new wife is expecting a baby. All arrangements have worked well and we were all happy with the arrangements. However, today my ex-wife called me to meet her and demanded £40,000 pounds immediately. I realise that our arrangements should have been formally noted in a consent order. My new wife and I are now worried that we will lose our house if we are taken to court. I cannot afford to pay my ex £40,000 and cannot re-mortgage for this sum as my income is now way too low and we are struggling financially already. This is a very threatening situation. I am desperately seeking advice to help me know what to do next? Many Thanks in advance for your help/advice.

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Do you have a specific question?
Customer: replied 1 year ago.

Hi, yes. Can my wife make this claim for finances - am I at risk of losing my house?

Expert:  Stuart J replied 1 year ago.




I am going to transfer this to a colleague. There is no need to do anything.
Please do not reply to this post otherwise it comes back into my inbox.

I think she is off-line at the moment but will pick it up when she is back
on. She does come online and off-line regularly every day



Expert:  Clare replied 1 year ago.
Hi
Thank you for your question, I shall do my best to assist you but I need some further information.
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year ago.

Hi and thank you. The house is worth approx £140,000 and the remainder of the mortgage is £95,000.

Expert:  Clare replied 1 year ago.
Hi
Did you increase the mortgage when you took it over?
What other assets and debts are/were there and has your ex remarried?
Claire
Customer: replied 1 year ago.

Hi, Yes I added 10,000 to the mortgage. I do not know anything about my ex's finances other than she has a new car and recently acquired a used sports car. At the time of divorce I had 10,000 credit card debt - this has now increase to 15,000. There are no other loans or debts, My ex has not remarried - unfortunatley.

Expert:  Clare replied 1 year ago.
HI
What were the extra funds used for?
Claire
Customer: replied 1 year ago.

They were used to part buy furniture as ex wife took everything when she left, and some was used to pay off some credit card about 50/50 split between the two things

Expert:  Clare replied 1 year ago.
HI
Where did the figure of £35,000 come from and how does your ex think she is entitled to £40,000?
Claire
Customer: replied 1 year ago.

Hi, She told me just after our separation, that she was entitled to 3/4 of the equity because the children were living with her (despite moving out of her own accord). I wanted things done amicably, to ensure I get to see my children regularly so I agreed to 35,000 without taking advice. She said the increase now is because she has reconsidered things and feels that she should have more - so no real reason other than it is what she thinks is fair. I obviously do not think it is fair, especially after quite a generous offer initially.

Expert:  Clare replied 1 year ago.
Hi
May I check how much you each earn?
Claire
Customer: replied 1 year ago.

I am self employed - my regular annual income is approx 12,000 net but I can earn upto 6-7000 in addition - last tax year it was 15800 total. I am not certain of my ex's net but i believe it is in the region of 24000.

Expert:  Clare replied 1 year ago.
Hi
If your ex had wished to stay in the matrimonial home then she could well have received a larger share of the equity, indeed had she needed the money to go and rehouse herself then she may well of got a 60/40 split of the equity.
However if it goes to court NOW she would be lucky to get a 60/40 split - and a 50/50 split is more likely
So allowing for sale costs and her share of the credit card debt she might get £25,000 or so - if she wants it now.
Alternatively you could confirm that you will stand by the original agreement if she prefers.
However if she goes to court she certainly will not get £40,000 - and she will have costs to pay from the £25,000 she is likely to receive at best
I hope that this is of assistance - please ask if you need further information
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28661
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you

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