Ex wants half of equity

robjoe2010

AL, he was desperate to just run off and move in with his knew woman, he kept all of it quiet and I had to pay all legal costs because he didn't want to be done for adultery, I also let him keep old cars on the driveway for 2 years as he wouldn't move them.

Five, I think I will see someone to get advice. If he wants half then I will suggest he backdates all payments to when he left plus any selling costs.

I could have claimed maintenance from him from when he left but just wanted nothing from him, he knew I would find it hard to manage because of my disability...my joints dislocate.

I suppose the one good thing is that I'll finally be free :-)

robjoe2010

Comeandgo, the house was included in what he couldn't claim from me, I can't claim anything from him such as pension, savings, life insurance etc, all which he set up when he lived here that I contributed to. I have none of those things myself.

comeandgo

Yes but you are not named as part owner of those items. He is still named as part owner of house.

sedment

So he can try and claim half of the house, but you didnt claim half of his pensions etc? Sorry if Im sounding ignorant about this but I was under the thought that if you both agreed not to make financial claims against each other, that was it??
Might be an idea to go to a solicitor and have a chat. Might he be trying his luck?

thorsoak

robjoe2010 wrote: »

Comeandgo, the house was included in what he couldn't claim from me, I can't claim anything from him such as pension, savings, life insurance etc, all which he set up when he lived here that I contributed to. I have none of those things myself.

If it is as you say, then I would think that a good solicitor will send him a stiff letter, reminding him of this fact.

hazyjo

robjoe2010 wrote: »

AL, he was desperate to just run off and move in with his knew woman, he kept all of it quiet and I had to pay all legal costs because he didn't want to be done for adultery, I also let him keep old cars on the driveway for 2 years as he wouldn't move them.

Not sure what you mean by 'done for adultery'. Makes no difference how the marriage ended or who did what, surely... Why would you pay for his legal costs (presume that's what you meant, and not just yours)?

So you divorced without a 'financial statement' (and remarried!)?

Jx

Tigsteroonie

If you have a signed Consent Order that says after divorce he cannot claim a share of the house (asset) and you cannot claim a share of his pension etc (asset), then that is that. He'd have to go back to court to get that Consent Order overturned.

(You mentioned in the OP that there was a consent order so you did go through financial proceedings.)

Your only problem will be getting his signature on the house sale documents, I'd imagine that he (she) will hold you to ransom over that. You'd need a legal beagle to advise you on how to proceed then - but you will have a solicitor already because of the house sale.

MrsC....tobe

Even if he has or hasn't signed anything he is only entitled to half of the equity as it stands in the house at the time of separation/divorce. If the value has changed in this time and more payments have been made then so be it, he hasn't contributed to it at all therefore not entitled to anything from it.

Have you and your current husband done anything to increase the value of the house? Kept receipts etc? Can prove who has made payments towards the mortgage etc for the last however many years?

A scenario for you....my ex and his wife (before me) didn't sort out their house when they divorced and he was left paying the payments on their interest only mortgage. The value of the house went up and there stood to be about £5k equity. I personally had done a lot to the house, paid for flooring, carpets, updating kitchen cupboard doors, etc etc, and had kept receipts. This was all taken into account in the selling as basically what I had done was the only reason the value went up. The solicitor got her to agree that I got every penny back, and after fees and everything else they each took £500 out of it. This was a nominal payment to her agreed by us all even though by law she wasn't entitled to a penny of it.

Seek advice of a solicitor and take things from there but you need to get this sorted and him out of your life ASAP.

Good luck.

Skintski

My solicitor advised me that a person was only entitled to half what the house was worth when they stopped contributing. That was 2009 though so perhaps things have changed.