UK Family Law
UK Family Law Questions Answered by Verified Experts
Thank you for your question
My name is Clare
I shall do my bets to help you but I need some further information first.
Could you explain a little more about the issue please
For clarity was the charge on the cheaper property?
How much was the mortgage?
Was he due 25% of the equity - or the value?
But he was also meant to pay the mortgage on the new property?
How much was the Insurance over the years and how much did you spend on the mortgage payments?
I am sorry - but your question is a complex one and it is a matter of my trying to work out the approach that the court is likely to take since there will be a certain amount of discretion involved.
The Court has already "found in your favour" as it were and you will be able to claim back the monies that you spent
I can see why you could argue that you shoudl receive interest on the monies - but set against that is the fact that you did manage financially and it could be argued that your ex could at any time have applied to vary the order and then you would have had less capital back.
However I think you can capitalise on the ground you have already won and ask for interest on the sums that you have spent - but again it will be up to the Judge and may depend on how badly your ex behaves in court
I hope that this is of assistance - please ask if you need further details