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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33283
Experience:  25 years experience of all aspects of family law
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My query is regarding a court order from 1999. Where it was

Customer Question

Hello my query is regarding a court order from 1999. Where it was ordered the other party guarantee and pay the mortgage in order for me to downsize. This did not happen and recently after a judge clarifying I could deduct this amount from 25% share. Can I claim interest on this amount. We have had directions with a final hearing coming up.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

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

Customer: replied 1 year ago.
Court order from 1999 (consent order). Ex was to guarantee and pay mortgage and insurance, I was to downsize with my children, under the terms of the court order. He had a 25% charge on the property. I did my bit, but when it came to the purchase of the cheaper property he would not guarantee and did not contribute to the mortgage at all. Luckily I was able to get the mortgage my self, and have paid it for the last 15 years myself. When it came to the trigger event for the 25% to be released in 2014. I refused to pay the full amount as he was in breach of order.
It has recently gone to court and the judge agreed at the directions hearing, which means I can deduct these payments from the amount he is owed. There is a final hearing in the next few days and I wondered if I would be entitled to any interest on the payments he has not made since 2001. Or any other type of payment, I keep reading about penalties and compensation, but can't get to the bottom of if this would apply to me, or amounts. Thanks
Expert:  Clare replied 1 year ago.

For clarity was the charge on the cheaper property?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
was £112000 at time of purchase valued at £250000 now. 25% entitlement is of £250000
Expert:  Clare replied 1 year ago.

How much was the mortgage?

Customer: replied 1 year ago.
£27000
Expert:  Clare replied 1 year ago.

Was he due 25% of the equity - or the value?

Customer: replied 1 year ago.
The value £250000
Customer: replied 1 year ago.
No sorry, mistake, it is the equity
Customer: replied 1 year ago.
250K less outstanding mortgage and costs of sale
Expert:  Clare replied 1 year ago.

ok

But he was also meant to pay the mortgage on the new property?

Customer: replied 1 year ago.
he was meant to pay the mortgage on the new property. Along with Insurance. He did not
Expert:  Clare replied 1 year ago.

How much was the Insurance over the years and how much did you spend on the mortgage payments?

Customer: replied 1 year ago.
The amount he owes me is in excess o £30k. Are we going to get to an answer to my original question now, if there is further information you require could you ask me all in one go? Thanks
Expert:  Clare replied 1 year ago.

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

Clare

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